Counselling failed.

Querist : Anonymous (Querist) 17 March 2011 This query is : Resolved
My wife had filed for a divorce and I attended the mediation session, where she asked for the money which she had given me for building a house. But she is asking for interest from the day of our marriage till today for that money .We wanted to negotiate but she is not budging and threatening that she would file criminal dowry cases .I hadnt taken any other money from her. We jointly bought a land to built a house and this money was part of it.End result is that mediation failed. What should I do now to safeguard myself immediately ? Is she legally correct ?

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Jitendar Kumar gupta (Expert) 17 March 2011
no she is not correct. she can claim maintenance and you have to continue with the case. don't afraid and face the trial. If you need more help call me at 9868529732

adv. rajeev ( rajoo ) (Expert) 17 March 2011
She cannot ask for the interest. You can proceed with the case. If divorce is granted then she wont get thing.

Guest (Expert) 17 March 2011
the money which is paid to you does not have any evidence that it was paid to you on such date? if not than it is better for you. if the money is paid to you than no interest she can claim form you. She can take only the maintenance amount which is a part of your earning per month. in the mediation center is your statement recorded in this behalf there you can state your all events like the harassment and others.

Arvind Singh Chauhan (Expert) 17 March 2011
I do agree with above opinions. Apex court held-

According to Sec-2 of DP Act- Dowry means- Property or valuable security should be given or agreed to be given directly or indirectly at or before or after marriage and in connection with marriage- A demand of money on account of some financial stringency or for meeting some urgent domestic expenses can’t be termed as dowry- NCC-2007-SC-354.