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John Jacob (Manager)     01 February 2010

Dud cheques as gifts

Dud cheques were given as part of dowry. This led to lot of bad faith but marriage collapsed when she started threatening me to pay her money. She has filed cheating, mental harassment against me. What can I do?



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 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 February 2010

what's that Dud cheques

K.C.Suresh (Advocate)     01 February 2010

WHAT YOU MEAN BY THIS QUERRY?

CheatedinMarriage (Employee)     01 February 2010

As part of dowry they gave cheques with no money in the bank, that is called a dud cheque

Suchitra. S (Advocate)     01 February 2010

If you have the cheque with you, which is not realised, you can say that you have not recieved money from them at all. You have to prove the other facts which she has alleged are false, and you have been cheated by them. But first of all, you have to make it clear that you have not asked dowry. Otherwise, you will be punished under Dowry Prohibition Act.

CheatedinMarriage (Employee)     01 February 2010

How is that possible other than my claim against theirs?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     01 February 2010

1.   A cheque given towards consideration of  "Dowry",  is   "invalid and illegal"  and cannot be classified as a  "legally enforceable debt" under the  "Negotiable Instrument Act,.  and won't be sustainable in ANY court of Law.  On the contrary, the opposite party can easily prosecute you for   "false & malicious prosecution", alongwith  "civil intimidation".


2.  If you claim amount of cheque as  "dowry amount",  then you would be prosecuted for "receiving dowry".   If the date of cheque and your marriage date are in near-about date, then the opposite party can easily prove that you have demanded dowry. 

 

3.  Refusal to pay you money or material by opposite party in lieu of  "dowry amount"  cannot be classified as  "cheating" etc...,  unless and  until the bride party has given you the cheque in lieu of a small gift  or a agreement based returnable-loan or medical maintainance of the bride.


4.  If the marriage relation is  "based" on money or material,  it is better to   "junk"  the marriage and start afresh (time permitting),  instead of waiting to be prosecuted for various offences and wasting your years.  Better to return the dud cheques and further better to return the "bride" as well, since the matter has already soured up.  Don't wait for the matter to putrify.


5.  If you have been given  "dorwy" against your wishes, by  intimidating or emotional blackmail,  then you may immediately lodge a police complaint that the bride party has forcefully given you dowry.  The dud cheques are enough evidence to prosecute the bride party.


6.  If you wish to  "nullify" your marriage,  file a suit with the plea that marriage was conducted by force and dowry was forced on you by malicious practices, in violation of prevaling laws.  The dud cheques are enough evidence to get you freedom, from such sourly brides.  However this is subject to that you have still not bank-deposited the said dowry cheques.


Keep Smiling .... Hemant Agarwal
 

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     01 February 2010

I am also smiling along-with Hemant reading the quarry and comments of all my friends.

 

Go On friends!


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