Sam 22 January 2016

Dowry

Me and my wife got separated just after 36 days of marriage. And she file complaint at CAW cell and also filed DV case. Complaint in CAW is now forwarded to Police Station for legal action as the matter was not settled in mediation.

On the day of marriage my FIL gave cheque of Rs 5.5 lakh in favour of my father.

We are against dowry, we didnt asked for any type of dowry, Firstly FIL was giving car and furniture, but we denied that we already have two cars and our house is full of all luxuries and we dont need any furniture also, then he said in that case he will give the amount for car and furniture and we refused him that also stating that we dont need anything except your daughter, but he said that he is very happy and he want to give something or other to his daughter as he also gave to his elder daughter and so that everything will remain equal for both daughters.

And now when marriage didnt worked, my wife has written in complaint that we demanded for that amount.

And if the case will move till the conviction then i think me and my parents can get into problems. But we didnt asked for any dowry, they give that cheque willingly, but how will i prove that.

So what to do to get out of this problem:-

1) We can say that it was half marriage amount which they gave to us and we spent all.(But marriage took place at wife's place and her father booked tent, halwai etc., so i think this idea will also not work).

So please tell what should we say to get out of this false allegation, otherwise we can get punishment if the case move on till conviction.

Reply Follow

12 Replies

saravanan s (legal advisor) 22 January 2016

On the day of marriage my FIL gave cheque of Rs 5.5 lakh in favour of my father.

is that the only thing that they have mentioned in the complaint filed against you

Vijay Raj Mahajan (Advocate) 22 January 2016

You got Cheque for Rs 5 Lakhs that you encashed this good enough evidence against you that you got dowry amount whether asked or not from the other party. In mediation you should have agreed to return Rs 5 Lakhs as well amount spent by them in the marriage reception and other expenses relating to marriage. You should have also agreed to small amount of alimony to be paid as financial compensation to the woman for dissolution of marriage in future too.

Anand 22 January 2016

As the CAW cell mediation has failed and the complaint forwarded to the concerned police station for legal action, be prepared that the police will sooner or later register an FIR against you and your family. You must first engage the services of a seasoned local lawyer who should apply for anticipatory bail for your and your family accordingly. The fact that your father has accepted a cheque of 5.5 lakhs from your father in-law is a big piece of evidence against you and your family. Even though it was not given or accepted as a form of dowry, it might look as though dowry was given and accepted. But in our court system there are arguments and counter arguments for every accusation so I wouldn't worry to much about it at this stage. Collect all evidences that you can to claim that it wasn't given as dowry and was paid to your father for some other expense. See if the matter can be settled and then taking a mutual consent divorce. Remember that in the eyes of the law even giving dowry is considered a crime, so your father in-law could also land up in legal trouble.

Sidharth 22 January 2016

There is a judgement

Which says " no one accepts dowry from cheque"

Try to find it

Maybe of allahabad HC

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 25 January 2016

@ Quest,

Please follow Clause B of Sec. 498A,

(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.

This is what complainants (STATE & Your wife/inlaws) need to prove to convict you.

First fo all, Burden to prove her allegation lies on complaintants(STATE & OPs) by leading evidences.

They need to prove that -

a) This is dowry (a demand involved), not a gift,

b) This was taken forcefully.

c) There is adequate cruelty involved to get this amount.

"On the day of marriage my FIL gave cheque of Rs 5.5 lakh in favour of my father." - Given facts are unable to prove aforesaid grounds to prove clause B. Since, it was given as gift/present to your father.

So please relax and prepare to fight. Never go for any mediation.

Please see my profile links for sample petitions and other clues.

(Guest)

hi,

There is one good reason and the case can be in your favour. I cannot disclose it openly as i have learnt it with my personal efforts and pain.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 25 January 2016

Originally posted by : SHIVAM
	hi, There is one good reason and the case can be in your favour. I cannot disclose it openly as i have learnt it with my personal efforts and pain.

We also leart these with personal efforts only still share it. Please know that - sharing knowledge increases knowledge.

(Guest)

Originally posted by : Rocky Smith
	Originally posted by : SHIVAM hi, There is one good reason and the case can be in your favour. I cannot disclose it openly as i have learnt it with my personal efforts and pain. We also leart these with personal efforts only still share it. Please know that - sharing knowledge increases knowledge.

I really appreciate your quote. There is difference between professionalism and learning. Your ideas and crativity makes the differnce. morever if people will get every thing already cooked then no body will learn what is efforts to do something.