False dowry case before marriage


Hi, 

My Roka was done to a girl on 27th April 2013 and was scheduled to marry her on 15th Dec 2013. As I could not adjust with the girl, I asked my parents to call off the marriage. I had also told the girl that as I am not able to adjust its better to call off the wedding, but she was just not ready to leave me as she was under parental pressure. I also came to know after Roka that the girl had a heart operation done four years back which was concealed at the time of Roka. 

Getting angered by this, the girl's father has filed a false dowry case against me and my family. He had spent some money in booking the hall but is asking double the amount than required. What should we do ? There is no bank transaction which he can show in the court. I just do not want to be harassed by all this legal drama. So , can you give me some advice ?

 

PS :

1. There was no engagement done.

2. The arrangement was called off after 5 months. 

3. I had never ever asked the girl's father or family for a penny. There is no bank transaction ever.

4. What can be my future course of action ?

 
Reply   
 

First of all what confirmation is available about the heart ailment of the girl with whom you had roka?

As the present Law under 498 A is  against the husband  and  as of now you are not of this girl’s Husban hence you need not worry much. Sit with the father of the girl and try to rescue them from the dilemma they are in first the daughter of their who was about to be married has got herself out by hit wicket, secondly   these fellows have lost lot of hopes for finding another bride groom thirdly you are saved from lot of difficulties in your future life so if your enquiries as regards ailment of girl turn out to be wrong sit with the parents of the girl and revisit the decision of not marrying this girl after all what would have happen if this ailment is discovered between the spouse after the marriage and that to the bride groom. No hard feeling please.

Capt Gurvinder Singh, Advocate

Mob: 09314142509/ 09999555726

jaimeet_2000@yahoo.com

www.captgurvindersingh.com

 
Reply   
 



Well, the efforts to speak to girl's father has gone all down the drain. He just keeps on saying he needs 10 lakhs. That is what he needs even though he has spent not more than 2lacs. I have the documents of girl's heart ailment. Will it be considered a proof by court that things were concealed from me before roka ceremony ? 

 
Reply   
 

Mr. Abhijeet,

If you have evidence to prove that she suffered from heart ailment and had taken treatment for the same, this is a very good and substantial evidence to prove your case that the girl's side suppressed the fact material to the marriage hence your side decided to cancel the same on discovering it before the solemnization of marriage. The burden of proof for giving dowry amount of rs. 10 lacs lies on the father of the girl., so after taking anticipatory bail, go contest the case and get it dismissed. 

 
Reply   
 
instructor

well advised by Mr. kalaiselvan , pl. go through it .
 
Reply   
 
Advocate/ nadeemqureshi1@gmail.com

nothing left to add, agree with the experts

 
Reply   
 

Sure, I will. thanks a lot.

 
Reply   
 
Student

There are relevant responses in another similar thread of this forum:

http://www.lawyersclubindia.com/forum/Before-marriage-is-498a-is-applicable-please-help-me-75675.asp

 
Reply   
 

In case of dowry before marriage can the girl get married while the case is still in court?

 
Reply   
 
LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com)

@lavanya ji, if the marriage did not happen at all then within the court case she can get married. but all that will depend upon all her written submissions before the court. kindly sit with some learned person & get him/her to read all the documents A to Z only them come to a conclusion.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu