Arvind (executive) 25 April 2014

Dowry case

Hello,

I got married 3 years ago. Me and my wife's family have very common relatives this was the reason we were introduced to each other and at first we liked each other. Since my inlaws are a bit rich and she being their only daughter gave away their savings to her. I was against it but due to the matter of reputation of my inlaws and pressure from common relatives I agreed to have the amount. Our family never presurised but they had already planned everything.

They gave us a good worth of money. 2/3 in her own account while 1/3 in my account. I purchased a flat with that amount but flat was twice that amount and hence I was required to take a bank loan of other half amount. I wanted that house to be in her name but since I was taking loan, bank person asked me to have my name as joint owner. We bought the house.

After marriage, I opened a bank account only for her (no joint account) and took locker there. All our ornaments that her mother gave her and that my parents gave me are in that locker which only she can open as she is the only account holder. Also I have all the money (i.e. 1/3) transferred to her account about a year ago. In short All the money that I recieved is in her account and we live in house that was bought from the money that my father in laws gave me but I am the half owner and my wife the other also I have a bank loan of half the amount of it and rest complete money I have transferred to her hence now theoretically I hve no money from her or her father.

Our marriage is not working well now. I have no issues of money. If she want I can even transfer the house to her name. Our relations are not that bad now and we care for each other but still small fights take place regularly and in that she has threatened me of dowry cases , indirectly though and she apologised later.

My question is, whether she can apply for dowry harrasment, I have given her all the money back and she owns me nothing. We own a house in joint that was bought from her money and even mine (bank loan).I gaev her the 1/3 amount of money that her father gave me. I am ready to transfer this house to her name even.

Can any one please answer the question.

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7 Replies

Rishi (Junior lawyer) 25 April 2014

Collect evidence and be on the safe side. Talk about marriage and the money involved when she's in good mood and how you transferred it all in her name and record her while accepting that. Also keep record of all bank statement. Keep evidence and neon safe side.

Sudhir Kumar, Advocate (Advocate) 26 April 2014

it appears that peaceful reconciliation is possible unless both of you are interested in spoiling the marriage.

K.K.Ganguly (Advocate) 26 April 2014

1. Why only Dowry Harassment case, she can file any case she wishes to,

2. The question is what defence you have to counter such cases/allegations,

3. In the instant matter, you have enough evidence to defend yourself,

4. However, try to save the marriage at any cost since divorce is the 2nd most stressful event in one's life.

Biswanath Roy (Advocate) 27 April 2014

From the statement of facts it appears that you have a cordial relation with your wife so don't spoil it unnecessarily merely on the basis of some imaginary possibilities. Behave with your wife sympathetically with love everything will be O;K; then.

T. Kalaiselvan, Advocate (Advocate) 27 April 2014

Saving the sacred institute of marriage held between you both are i your hands and even now the things are not beyond control. Amicable and peaceful reconciliation of all the issues between you both will bring back peace and joy in your wedded life once again. What she can do or not cannot be anticipated, out of fit anger she may lodge false complaints against you hence it is in your hands to handle the things between you both very patiently. The issues what you have stated are very common in nature in every household across the universe, they get settled once either of the party understands the grave situation and the developments that follow. So, apply you mind, handle things patiently and try to save the marriage, do not react in the name of retaliation, once you accept her petty and minor demands, you can boss over her on other major issues. Think.

Arvind (executive) 28 April 2014

Thankyou for your comments,

I know understanding each other is the best way. But the reason is her nature towards my father. My mother passed away 6 years back and my Father is in mid 60's. I am the only son of him and hence its my duty to support him. But she does not agree to it. My father is leaving alone for this same reason, but when he comes only for about 1 month in a year she has problems with everything. We have all different maids at our house but if they dont come for a single day even she does not give him a cup of tea. I have to do everything. I am OK to that as well but she keeps fighting all the time. She even wants him to wash his glass after he drinks water (imagine the humiliation he feels) when I confront her its like a big war. It is OK for now but later after some years I am bringing my fatehr to stay with me permanently and this si what bothers me the most. I dont want me or my aged father to be in jail just for a false case.

Rgarding the mutual settlement, based on how much I know hr and her parents they are definately going to file a case. So wanted to be prepared for it with all the evidence.

Gautam Kapoor (IT professional Studying Law) 05 May 2014

peaceful reconcillation aside....when she is in good mood collect all necesary documentary evidence and this time open a locker in your name and put it there.This will be for you future peace.