Rakesh Tekwani (Consultantd) 12 July 2011

Engagement Broken - Threat of dowry act

Hello Everyone.... i was engaged on may last week and due to insulting conduct by my father in law, I called off the engagement after 10 days. Her dad is a sub inspector. he is now applying police pressure and making me run through different police stations. First he complained about me andnow he has complained against my mom and my aunty...mentioning that we demanded dowry and he has attached bills worth of 80k as claim. He is completly lying about the dowry thing and he doesnt have any proof for the same. Now the polcie have called my family and me taken statements number of times.

I am a IT professional and work out of mumbai and my parents are staying in mumbai. They are going thru a lot of mental pressure.

Any guidance on how to tackle this case further. Can the father in law file a FIR stating dowry?

Will there be any arrest to me or family?

If i need to travel abroad for assignment, can I do that even if they file a criminal case against me?

Kindly advise.

Thanks,

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6 Replies

Saurabh..V (Law Consultant) 12 July 2011

@Vicky,

You have to understand that such cases might end up in your and your family's arrest. Hence, for precautionary measure you should immediately proceed to take Anticipatory Bail from Sessions Court.

Certainly the person with his ego first insulted you and now he don't want to beg for your pardon but on the contrary wants to pressurize you for marriage. Offcourse there are ways out and you just need to be calm and patient. It's good thast the FIL showed his true colors before marriage else after that you would have been left all alone to suffer.

Engage a trustworthy advocate to defend your case. Just by showing some back slip that he had withdrawn 80K from his bank does not show that he withdrawn in for dowry. It has to be proved by an independent witness in court.

Regarding your foreign trip, when you are released on bail then you have to simply apply again in the same court stating that due to official work you have to leave the country temporarily. The court while granting your visit would again ask for additioanl bail bond and security amount (formality).

All the best !!

//peace

/Saurabh..V

Sajeev Menon (Legal Consultant Dubai 00971 508836442) 12 July 2011

They can file criminal case for cheating, as well a civil suit l to recover the damages.

In order to prevent the arrest you have to seek anticipatory bail from District/Sessions court. If you surrender before the court to avail a regular bail there is every chance for a remand.

Doveson (advocate) 13 July 2011

Meet the senior inspector of police and the dcp of ur zone and file a complaint against him saying he is abusing his office. U can write even to the commissioner of police at Crawford market. Going for ABA is good though it may not be required at all. But complain soon.

Rakesh Tekwani (Consultantd) 13 July 2011

Thanks for all the replies.... The FIR is not yet lodged... He has given a complaint as of now... and my statements are been recorded. The Inspector who took my statement was given a nice peace of mind by Senior Inspector as I had some contacts with the senior inspectors. Aftter that he said by this weekend he might call for settlement.

Should i go for settlement ?

if i do settlement and take it down in writing from him... can he still file case against me?

kindly advice

P V Namjoshi (pvnamjoshi@gmail.com) 14 July 2011

It is India and every thing can happen here. Such threts are routine and one has to face music. Courts are rigid becaus of un deu presure an are in habit of rejecting the bail petitions. I have very bad experience about judiciary with which I am affiliatedd for more than 45 years.

Doveson (advocate) 14 July 2011

There is nothing to be settled. Ask him to just stay off u. Ur activities in this forum is enough to save u. He might have laid some trap for u in the name of settlement.