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Rebellion (NA)     26 March 2015

Can money taken in account be termed as dowry?

Hi,

I got married in November 2013 and then after 2 months my wife wanted a big car so my father in law transferred 8 lakhs in my account in January 2014 of which I bought a car. Now they have filed 498a section 3/4 case against me and saying they have given me dowry as 8 lakhs. 

After transfer of this amount I kept on returning this to my brother in law and my wife's account as I considered this as a loan. I have transferred around 1.80 lakhs in their account. Can this be termed as dowry and I would be punished for the same? Please help.



Learning

 11 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     26 March 2015

Who advised U to get  it transfered into UR account. As the transaction is official ,they have a chance to prove it dowry.Check the remarks mentioned for transfer in UR bank statement. What is the present relationship between U and UR wife. Is it cordial or sour?

Rebellion (NA)     26 March 2015

The relationship between me and my wife is not good and that is why they booked me under 498a..there is no remarks in the transfer and if I had any idea that they are going to book me under this case then I would have obviously not taken in my account.. Please dun ask vague questions..

fighter (Software professional)     26 March 2015

Rebelion..go and file case of giving dowry as soon as possible...DP 3

fighter (Software professional)     26 March 2015

Rebellion check PM.

SAINATH DEVALLA (LEGAL CONSULTANT)     26 March 2015

Go through this:

Relief follows 498A ruling

The Supreme Court ruling on imposing Section 498A without investigation has come as a great relief for many a husband and even senior citizens.

The relatives of Awadhesh Pathak, a retired schoolteacher, felt elated after coming to know about the Supreme Court guidelines on Wednesday. Pathak, 67, was arrested and lodged in the Barh sub-divisional jail about three months ago after his daughter-in-law Ragini (27) accused him along with seven other members of the family of harassing her for dowry.

The apex court’s ruling has restrained the police from mechanically arresting the accused merely on the basis of lodging of complaints under Section 498A (harassing women for dowry) of the IPC.

Pathak’s relatives have been running from pillar to post to secure bail for the retired teacher and his 62-year-old wife Sunita Devi. The couple, originally hailing from Mahua in Vaishali district, had settled in Patna after their son Manoj Kumar, a software engineer, got a job in a telecommunication company. Manoj was married to Rajini, daughter of an engineer of Barh, about three years ago.

Ragini lodged a complaint with the Barh police station accusing her husband, in-laws, their two married daughters and their husbands. The police conducted a raid at their rented accommodation at Rajeev Nagar in April this year and took Pathak and his wife into custody. The couple were booked under Section 498A of the IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

Pathak’s daughter Anamika, whose name also figured in the FIR, said she and her husband had nothing to do with the case but they have been accused of harassing Ragini for more dowry. “We don’t stay in Patna and have not visited my parents’ house after my brother’s wedding. How can we torture her?” she said.

Pathak’s bail petition was rejected from the sub-divisional court and is pending with the high court. “Now it’s our turn to seek bail. Our anticipatory bail has already been rejected,” she said.

Pathak’s son, Manoj had to lose job as he was behind bars for six months.

The story of Shivaji Pandey, a retired engineer of the irrigation department, is more pathetic. Pandey, a resident of Ashiana Nagar, was recently arrested with his wife by a Delhi police team. The couple were charged with harassing their daughter-in-law, Meenaxi. She lodged a complaint against her husband Vivek and other relatives under Section 498A of the IPC.

The couple had to spend about two weeks in a high security jail in Delhi despite the fact that their daughter-in-law had hardly stayed with them in Patna. “Vivek, a software engineer, is working with a telecommunication company in US. He used to send money from there. Yet he has been made accused in the case,” a close relative of Pandey said.

The relative, who requested anonymity, said the couple would hardly forget the humiliation they had to face in the court.

The complainant’s relative is an IPS officer, who allegedly used his influence to get the couple arrested at the earliest. The marriage of Meenaxi was solemnised in 2006.

The family members of Sudarshan Mahto, who too are facing dowry charges, are all praise for the Supreme Court for issuing new guidelines. “We hope that the court would grant bail to us in the wake of the recent directive of the apex court. A complaint has been lodged against Mahto, an employee of a nationalised bank, with the Bihta police station,” he added.

 

Adv. Chandrasekhar (Advocate)     26 March 2015

If the car is registered in your name, then it is dowry and if it is registered in her name it is Stridhan.  Even if it is registered in your name and you are regularly paying the instalments to your wife or FIL, then you can argue it is a loan andd being repaid in instalments.  It does not have any connection with the charge u/s. 498-A, becuase the said offence of taking dowry comes under D.P. Act.  One more thing, giving dowry is not an offence, as such action is protected by S.7(3) of the D.P.Act.  so, do not believe if anyone gives advice that you can file a case against your FIL for giving dowry.

Rebellion (NA)     27 March 2015

Thanks for your reply Mr Chandrashekhar . So what do I do now as I did deposit money in my wife's account when she was with me. She left me in the month of January and after 8 months she filed a case against me. After she left stopped depositing money in her account. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     27 March 2015

Just to correct the opinion of Mr. Adv. Chandrasekhar : - 

 

"One more thing, giving dowry is not an offence, as such action is protected by S.7(3) of the D.P.Act."

 

Both giving and taking dowry is an offence as per DP 3. Stated below - 

 

 

3. Penalty for giving or taking dowry.-(1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:

 

Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years.

 

https://wcd.nic.in/dowryprohibitionact.htm

 

Clause B of Sec. 498A says

 

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

 

So clearly, cruelty has been committed for a demand which is unlawful demand needs to be proved by the complainant with leading evidence to convict the husband.

 

If the money has been taken (Without any cruelty) as a loan (Not unlawful demand) and continuously repaying back then this is not punishable at all as it does not fall to aforesaid clause.

 

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

T. Kalaiselvan, Advocate (Advocate)     30 March 2015

You must challenge the criminal case based on the merits on your side, you may take clue from our expert lawyer Mr. Chandrasekar's views and opinions to tackle the issue.

dr.pawan rajyan (member and secretory)     31 March 2015

Agreed to rocky smith. Starts depositions money to your wife /inlaws account.and argue it as return of loan taken by you.

sridher (system analyst)     23 April 2015

respected sir's

will it not comes under customery gift?


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