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Manu   13 September 2016

Dowry related case

HI,

Would like to seek your opinion and inputs on one of the case that has been recently logged on my cousin and his parents. A month back my cousin had this engagement done and after some days he informed his parents that he would not like to marry due to following reasons (he was threatened by some goons on his way to office asking not to move ahead with marriage proposal, else he will face the consequence). My uncle waited for few days and then informed the middle men who arranged had coordinated for this marriage that the boy is not willing to marry without giving him the reason (as his intent was not to harm the girl or his parents dignity \ status). So he asked the middle men to convey the same to the girl parents stating that they can keep whatever has been offered \ gifted from our side and we would keep whatever was gifted by them, if in case the girl side feels that they have spent more they can take the variance as well.

However the girl side proceeded to the police station forcing a compliant stating that my uncle has demanded for a dowry and the police lodged a complaint under 420, 34 and 4. The police have taken my uncle and his family’s statement and are further investigating the case. I would like to seek your opinion on the following points

1)    Can this case be considered under dowry since there was no marriage?
2)    In the investigation the middle man who coordinated the marriage informed the police that there was no demand made by my uncle.
3)    Is this considered as a non-bail able offence?
4)    Can my uncle apply for a bail i.e. Anticipatory Bail?
5)    Will this case be considered as false dowry case?

Request your inputs and guidance on the above.
Regards,
Manu



Learning

 5 Replies

Manu   14 September 2016

Thanks Martin for your comments and empathy. We certainly understand the issue and plight of the girl but we can't risk the life of my brother for their sake. Hence in this regard it would be helpful if I get some guidance on my above points.

Sudhir Kumar, Advocate (Advocate)     15 September 2016

1)    Can this case be considered under dowry since there was no marriage?

what reasons for backing out will be stated before court.

the reason stated by you appears to have notbeen raised on the earliest offcssion.


 

Sudhir Kumar, Advocate (Advocate)     15 September 2016

2)    In the investigation the middle man who coordinated the marriage informed the police that there was no demand made by my uncle.

His evidence can help at all stages.

 

Sudhir Kumar, Advocate (Advocate)     15 September 2016

1)    Can this case be considered under dowry since there was no marriage?

what reasons for backing out will be stated before court.

the reason stated by you appears to have notbeen raised on the earliest offcssion.


 

Sudhir Kumar, Advocate (Advocate)     15 September 2016

4)    Can my uncle apply for a bail i.e. Anticipatory Bail?

He has no choice.

 


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