Upgrad LLM

dowry case witness

OFFICE ASSISTANT(MATERIAL MANAGEMENT)

SIR,

PLZ TELL ME CASE IS 498A + DOWRY

IF AT THE TIME OF MARRIAGE, CASH MONEY TAKEN FROM THE BRIDE'S FAMILY, AND PROVIDED THEM RECEIPT IN WRITING WITH SIGNATURE ON REVENUE STAMP.

SAME RETURNED BACK TO BRIDE ON NEXT DAY ON ARRIVAL OF SASURAAL  IN PRESENCE OF WITNESS

THEN IT IS COUNTED AS DOWRY OR NOT.

ELSE GUIDE ME HOW IT IS TO BE TREATED AS NULL AND VOID.

 

 
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DEEMED/CONVEYANCE OF BUILDING

Since returned n accepted n aknd by them there appears no problem. However, 498A has to be defended.
 
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CEO

Sir,

Simply returning the amount to the bride, even in presence of witnesses, will not absolve anybody of acceptance of dowry.

Since you have signed a receipt for the amount received, it has to be returned to the person who has given it to you and get his signature for full and final settlement.

If the amount has been returned to the bride on the next day, she has to confirm and accept, in writing, that the amount has been returned to her.

Good Luck,

Kishor Mehta

 
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legal advisor

i agree with kishore mehta

 
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Advocate

If the amount was received under a stamped receipt acknowledgment, what made you not to return the same with the same kind of acknowledgment? The so called evidence on return may corroborate the event during trial of the case, hence concentrate on the case during trial.

 
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Advocate

Glaringly you committed crime which you cannot evade or avoid and you are liable for the legal liabilities.


Total likes : 1 times

 
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Financial Examiner

I agree with Advocate Roy. Returning the dowry does not wash ur crime. If it was this easy, anyone facing conviction for taking dowry, would return the dowry and get acquitted.(This is not how law works) You can return ten times the dowry amount and u will still be guilty of the crime.

 

By the way, when accepting dowry, who signs a receipt? It’s akin to a bank robber signing the withdrawal receipt for the amount robbed. Also, lose the photo in ur profile; lose the name too: why do u want the opponent to know what u r worried about? They will up the blackmail amount.

 
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Advocate

Compelled to learn law has put the thing in a right perspective way.  One cannot expect more clear thoughts about accepting the dowry at the time of marriage than the way the expert  member has expressed in his post. Whether stamped receipt or anything, it is construed that you have accepted dowry (whether demanded or not), but now due to the fear of legal consequences you are hushing up the matter in the name of returning it (?),   This action of yours will draw adverse inference to your challenge to defend your case and may become fatal to your case, hence you may try other methods to mitigate this problem by consulting with your advocate.

 
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Dy Director

You have to refer to definition of dowry. Anything will be dowry if demanded/taken as a consideration of marraige. Did you demand these properties saying or hinting(directly or indirectly) that marriage will not be there witout these.
 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

I agree with Mr. Roy sir. You have commited a crime. 

 
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