LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sandy (AST)     16 September 2014

False 498 3/4 dowry case

Dear Team,

My marriage conducted on Nov 2013 at my Native Gujarat state and my wife belongs to M.P. state. for marriage expense her parents transfer online amount to my father account. after marriage me and my wife came to Pune. my mother is heart patient and she came to Pune on May 2014 after that my wife wanted me to leave my parents and when I didn't fulfill her demands then she booked train tickets by her own she left matrimonial home that is Pune on 20 june 2014 (her father given Dhamaki that I we will not allow her to come then they will put False dowry case on us )and i have give information at Pune police station on same day. on 26th july 2014 thay called my father and given dhamaki that Gov has given lots of rules for women and they will tc of us and my father given complain on 27 july 2014 to SP offilce and as per Dhamaki they have logged complain on 27th July Mahila Thana. I have sent legal RCR Section 9 Hindu Marriage Act 1955 notice for asking her to join matrimonial home on 01 Aug 2014 and she got it on 07 Aug 2014 and as per the notice she should join me bangalore on 22 Aug 2014 but she didn't. As per her complain Mahila thana served Notice on 06 Aug 2014 to my father for family counsiling on 20 aug 2014. she was ready to come to Pune but only with me. I went Mahila thana on 5 Sep 2014 and she refused to come and asked Police person to file Case on us (Case is framed one). I put case in Family Court Pune as per Section 9 Hindu Marriage Act 1955 on 29 Aug 2014.

My Question is: Her Lower was saying that the Money given before marriage is Comes under Dowry but we didn't ask dowry and we only helped them to arrange marriage. my father has given all Bills to them with balance amount as well after the marriage. My father found that 10,000 Rs her parents needs to give it to my father then he asked them and they have transfered to my father account and the Billing part matter closed.

Was it Dowry? but we have not asked them. we don't have proofs as well :( only we helped them.

She and her parents want me to leave my Old parents and my family but I don't want to do this. Please help me. what can i do?

Can you guide me the Future of my Case?



 27 Replies

AS   16 September 2014

Leave it what happened or why it happened ?

What she has written in complaint does matter, get certified copy of complaint via RTI (must do)

Be polite and never loose patience (must do), but be smart if you talk to them over phone.

 

is she working ? if she had any affair ?  if she had any medical history ?if anyone is already  divorced in her family ?if any of these is true , then collect evidence for the same. 

what is PAN card number of your FIL? (collect this info )

 

 

 

How much amount was transfered to you father account in total ?

Sandy (AST)     16 September 2014

is she working ? Not now but She was working and last month only she got M Tech Degree.

 

if she had any affair ?  It Could be the case

 

if she had any medical history ? Yes, She is Thyroied patient.

 

if anyone is already  divorced in her family ? No, Idea. But her Monther througn out her In Law from family.

 

if any of these is true , then collect evidence for the same. 

 

what is PAN card number of your FIL? (collect this info ) I have the PAN number.Luckly I got it.

 

Point: My In Laws are Gov. Employee.

 

 

 

How much amount was transfered to you father account in total ? 10 L 

AS   16 September 2014

is she working ? ---> good keep evidence she was working and Mtech degree copy . will help ou in maintenace case.

if she had any medical history ? Yes, She is Thyroied patient---> collect all dates when you took her to hospital for treatement ...help you to show your conduct in 498A. if family member accompnied with you even better...Collect all medical prescripttions + medical bills....Also you can say she has hidden thiswdisease during marriage , when you will apply for divorce...but later....

what is PAN card number of your FIL? (collect this info ) I have the PAN number.Luckly I got it....good helpyou in 498a.

 

 

Get a copy of complaint ...let see what all alegations are there ....

PM me your number i will call you.(if you want to talk)

 

You need to see total dowry mentioned in complaint and there source of income + lies in complaint regaring finances.

How  many dependents in there family.

 

 

 

Biswanath Roy (Advocate)     16 September 2014

From the given facts it transpires that your father-in-law gave your father a certain sum through on line transfer from his bank account towards  costs and expenses for marriage ceremony before the marriage was solemnized.  Hence, it  does not connote the meaning of dowry.

Sandy (AST)     16 September 2014

Hi AS,

Yes, I have given this her Throyed fact in RCR Notice and Truth is this They hidden from us.I kept all Medical Bills with me.

Hi Biswanath Sir,

But how can we prove it that that ammount was not Dowry? Is their any Standard Rule for this kind of Situation?

They have written other false allegation like we were beating her and all and my father asked Car, cloths and Bartan. but the reality is this we never asked any thing from them and As per Hindu marriage tradition they have conducted the Marriage.

actually I was getting Laugh when I heard some points from Report. they are behaving very Cheap.

498A fighter (tutor)     16 September 2014

now dont be silly read the judgment and post related to RCR and 498A go to through study at least for a weak then you will understand that you are not alone immdeiately join to member at FB i am giving some name as chat with them and then come to me after seven days either chat or ask their ph number  and talk with them

Biswanath Roy (Advocate)     16 September 2014

I am sorry to say you could not understand my post.  Better you give my post to your Advocate he will understand the meaning of it.

Prakash S Thakkar (B.S.L LL.B)     24 September 2014

File a counter complain on her and her family under sec 3 & 4 of dowry prohibition act, and make relief to court to file fir on her and her family. Under 156(3) of cr.p.c u can take support

Prakash S Thakkar (B.S.L LL.B)     24 September 2014

U can call me on 09765470629 for further queries

T. Kalaiselvan, Advocate (Advocate)     24 September 2014

I may have to disagree with the opinion of Mr. Prakash Thakkar. There is no such thing called counter case in dowry prohibition act.  Her dowry case can be challenged properly should you have evidences of expenses.  There is no reason that you have to leave your sick mother unattended for the sake of living with her.  Marriage is performed between man and woman that they adjust and live as per the circumstances, if she is very stubborn about her intention to live separately, you may make your intention clear and challenge her false cases with the help of a prudent lawyer.

1 Like

Sandy (AST)     04 October 2014

FIR  has Registered under 0/14 in her place and transfred to my Place. Under Section : 498A,406,34 and 3/4. Please Guide me now the next Step.

Sandy (AST)     04 October 2014

I go through The FIR and after engagement and before marriage they Transfered 10 lck Rs for marriage arrangement to my father account and my father Joint account (my sister, my brother,my mother and my father) means my in law is Gov. servent and they didn't transfer in one account and they asked t my father to provide other account so that they can transfer 2.5 Lac kind of money , hence my father has given his joint account. now they are saying that we have demanded Dowry before marriage and they have give my family member name.

My Question: If they have transfered money for marriage arrangement in my father Joint account and my father has done all transaction. can they provide false statement in Police complain that they have transfered to money to Indivisual account not my father account.?

As per my understanding the Joint account handle by my father only hence they should not pull my family name for this.

T. Kalaiselvan, Advocate (Advocate)     04 October 2014

The issues you are raising are to be dealt in the court only and not with the police,  they will not listen to anything from the accused side, they are trained in such a way in the matrimonial disputes, that they will dance to the tunes of the persons greasing their palms.   So better engage a prudent lawyer and properly challenge the false cases.

AS   05 October 2014

I agree with "T. Kalaiselvan, Advocate".

Listen your FIL can say or write anything no one can stop him , infact its police who write CRPC 161 statement and police will help them in writing those statements , That's how it is.

You collect all the evidences from your side. Try to get A.Bail/Regular Bail for your family members.Try A.bail first.

Then hire a good criminal lawyer and fight your case. 

Important thing is your lawyer should be smart and honest with you.

Don't worry , If they are lying , they will loose.

Remember : - You will be denying all the allegations , its them who need to proof there side of story . You and your family will be considered innocent by default unless allegations are proved. 

Don't file DP3 case on FIL/Family as counter case.I know some time back in 2007 this worked , but then later some supreme court judgement came and this failed. So don't do this.Better you can file some other counter cases but not at this stage.

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query