marriage engagement

Querist : Anonymous (Querist) 24 February 2011 This query is : Resolved
officially engaged to a girl.Now want to back off due to temperamental differences.Girl filed sec 420,406 and 34 IPC.On bail now.Girl alleged that we took 2 lacks as dowry at the time of engagement.Whether the case sustain?any case law?Plz

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Guest (Expert) 24 February 2011
YOU MAY FILE A WRIT PETITION AGAINST THE SAID FALSE CASE .YOU WILL SUCCEED.YOU HAVE ANOTHER OPTION OF DEFENDING THE CASE AT THE LOWER COURT.GOOD LUCK.

Devajyoti Barman (Expert) 24 February 2011
Mere falsity of the complaint does not give rise to you any right for quashing. If the allegations are false and if you have suffered any damage by the breaking of engagement in which the girl side were the perpetrators then you can file a suit for damages.

adv. rajeev ( rajoo ) (Expert) 24 February 2011
You will have to face the trial. Complainant has to prove that her parents have paid dowry to you.

Atuliya (Expert) 24 February 2011
Were you married???
Because "Dowry" as a element for the court to act would only be possible if the money was the consideration for marriage[Sec 2 Defn of Dowry from The Dowry prohibition Act]
So if you are not married to this girl nothing to worry :)

G. ARAVINTHAN (Expert) 24 February 2011
Contest the case and let her prove the factum of giving dowry.

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