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Arvind Nishad   26 June 2017

False dowry case after breakup of engagement

On 26 January 2017 I got engaged with a girl. Girl is from Bhopal MP. She has done 12th and doing Diploma in Nursing. My family has been introduced on 20th Oct 2015 in Bhopal to bride family by a Lady mediator who is a relative of girl’s family and also belongs to my native place UP. Both the family wants extra time for fixing marriage date since girl was completing her education and I was planning to buy Home so marriage was postponed by 1.5 year and date was fixed as 11th May 2017. To confirm the marriage Roka (Varaksha) was done on 26 April 2016 at my Native place Gorakhpur UP at my expense, the approximate expense was 1 Lac INR. They had given us 21000 Cash as Sagun on Roka and gifts not more than 5000 Rs. The engagement was fixed on 26th Jan 2017 in morning 11.30 AM , accordingly we had done Ticket reservation for both the side but before 7 days his father called and said that now engagement will be happen at 9 PM. We were not clear about why he has suddenly changed the time but after reaching Bhopal we came to know that Her father was retired from his government job and given the combined party of retirement along with Engagement to his relative and Friend. Her father had done the arrangement of our stay in a hotel for one day of 18 people. It has cost them approximate 12000 Rs because it was just stay without food. After 3 month of engagement mediator has informed us about a strange epic which finally lead to break the marriage? She said that she was getting call from unknown number saying that boy is already married and you are ruining a life of girl by marring with a married person. We had informed about this nonsense to girls family and they started questioning us and they doubt on my characteristics which was very disappointing to me. His father visited Mumbai on 12th April and we had discussion on this matter with him along with relatives from both the side. We had requested them to postpone the marriage for next 3-4 month. Once everything will be clear as why unknown person is making such call and motive behind this, will go ahead for marriage. But they were never ready for this and started threatening us that if this marriage will not happen on 11th May 2017 then they will file case against us of dowry and sent whole family into jail His father has lodged an FIR in Bhopal on 28th April in Mahila Police Station at Bhopal under section 3, 4 under dowry prevention act. Bhopal Mahila police has sent the police to my house Bhandup, Mumbai Along with Notice stating that My mother, father and me need to be present in Mahila Police station, Bhopal on 11 July 2017 else strict action will be taken by them. While talking to police officer I came to that his father wants us to repay the expenditure of Rs 10 Lac which he claim that he has spent. Now please advise us what to do next • Should I file case against him for my defame?


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 13 Replies

Ms.Usha Kapoor (CEO)     26 June 2017

Yes! You can file eithe civil defamation o rCriminal defamtion u/s499 &500 IPC or both. In civil defamtion if you've proof of ex[penditure from your side you'll get exemplary damages + interest.+ damages  on account of mental agony and anguish  and pain of  break up of engagement due to false character   assassination of groom  by an anonymous caller and foisting   false dowry case on your  family members together with loss of reputation. IN criminal defamation you will get compensation for loss of reputation on accoount of huge engagement expenditure, break up of engagement on account of some anonymous caller's false information regarding groom'ss character ' and foisting false dowry case on your family members.  which may be high more than at least 20 lacs  you'd spent on account  of the entire engagement. If you have proof only you should proceed. Contact a   reputed Civil andCriminal lawyer.

1 Like

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     26 June 2017

Defamation tactics will not work. You have to face police and than the court case.

By fighting the court case properly you can come out it but no earlier.

Engage an expert advocate who do it properly.

Only after matter reaches court than only there will be proper settlement not earlier.

 

Azhagananth (Lawyer)     26 June 2017

Attend the police enquiry with a advocate of Criminal and Family matter experts. The police will conduct the conduct the enquiry and if you are not found guilt, they will not further proceed. 

Ms.Usha Kapoor (CEO)     26 June 2017

Mr..Ramesh Singh,

                                  You seem to be hostile towards  me from the beginning. So I can't expect better than cfriticism or nasty comments from you. I care two hoots for your criticism.

Ms.Usha Kapoor (CEO)     26 June 2017

Mr..Ramesh Singh,

                                  You seem to be hostile towards  me from the beginning. So I can't expect better than cfriticism or nasty comments from you. I care two hoots for your criticism.

Siddharth Dev (Advocate)     26 June 2017

case for damages and defamation should be followed by filing application under section 340 CRPC otherwise your case or suit for defamation will be stayed so I suggest you to take action under section 340 CRPC and most importantly consult an expert advocate of your local Court

Born Fighter (xxx)     26 June 2017

if what ur saying is correct then there are high chances that the girl has an affair elsewhere and her BF is the one who is trying to break the marriage by making anonymous calls. If you have an affair the girls parents should BREAK the marriage however the Girls parents are in hurry to get their headeache transferred to you at the earliest hence putting pressure on you. Do the following:-

  1. Get the mobile number of the caller from the mediator and find out on whose name it is registered. You can either do this on your own or ask police to check the same. Here is the root of the problem. If mediator refuses to give the number then inform the same to the police.
  2. Dont take 498a and mostly the police seriously, they will try their best to extract money from you. You hire a lawyer and take him with you to Police station. 
  3. Defamation case...its a waste of time but can be filed to put pressure. During negotiations at police station ur lawyer should inform the girls side that ur planning to file one and claim damages of 20L. You may further go ahead and file one & see how things proceed. 
  4. There are chances there will be a reconciliation attempt and police will put pressure on you to go ahead with the marriage as per wishes of the girls family. PLEASE DO NOT GET MARRIED TO SUCH A GIRL /FAMILY WHO FILE CASES AT THE DROP OF A HAT . THIS IS A BIG RED FLAG.......

 

All the Best !!

P. Venu (Advocate)     26 June 2017

At present, all that could be done is to cooperate with the investigation and prove your innocence.

Sumit Kumar (IT)     26 June 2017

You're extremely lucky that you didn't have to wait until after marriage to realise the trap you're walking into. Don't go for any hasty settlement, just delay the proceedings and research on any ways to file some serious counter cases against any of the girls male family members. You'll need good evidence anyway.

Kumar Doab (FIN)     27 June 2017

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in Family/Criminal matters.

Prove your innocence in inquiry.

Your counsel can update you on all steps that you can take now, thereafter and after proving your innocence.

Ramesh   27 June 2017

Ramesh   27 June 2017

Dear born Fighter,

 

iam agreeing with you  good............


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