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Law Learner (Professional)     05 August 2015

Is loan from brides parents is considered as dowry in law ?

Hi ! Experts

If some one has taken some amount ( money ) as help , you can say as loan from wifes parents, so would that be dowry as per law ?

If yes, please let me know how to defend that.



 23 Replies

saravanan s (legal advisor)     05 August 2015

if you have proofs to show that they have voluntarily given you money by taking loan or if you have any proof where you have stated that you will repay the money you got through loan from your inlaws then you are safe.

SAINATH DEVALLA (LEGAL CONSULTANT)     06 August 2015

When was the loan (Money) given,before marriage or after?

Law Learner (Professional)     06 August 2015

Loan was taken after marriage. No proof of any transaction. All was verbal agreement happened in good faith at that time. But now they are using that as tool to show dowry demand.

S Singh   07 August 2015

When there is no proof of loan/dowry then how are they threatening you?

SAINATH DEVALLA (LEGAL CONSULTANT)     07 August 2015

When there is no proof and given in good faith why do U bother.So now the marital relations have gone sour,deny everything.

Law Learner (Professional)     07 August 2015

Problem is that during process before FIR at CAW cell, I admitted that I taken that amount as loan but that's not dowry at all. That's what I told to inspector incharge at CAW cell , but now in her chief before Magistrate she again told that I demaded such an such amount as dowry.

My admission was and still is only amount taken as Loan.

SAINATH DEVALLA (LEGAL CONSULTANT)     07 August 2015

Now U R revealing something new about UR confession about taking money.U should have done so in UR initial post itself.Without giving the complete details I am afraid to say U don't get the desired solution from the forum.Forget the word"LOAN", The criteria is whetgher U have taken money from them or not.

Law Learner (Professional)     18 August 2015

Yeah , fact , based on my admission is that, I have taken money as help from them.

Law Learner (Professional)     19 August 2015

Hi ! Experts

If any one can send me SC Judgement in Appasahebs case please.

SAINATH DEVALLA (LEGAL CONSULTANT)     19 August 2015

Stop addressing the legal experts as HI or Ha,they are not UR classmates.

AS   20 August 2015

Well not sure what is stage of ur case and what is ur strategy ?

If it is at intital stage and PW of CAW Cell I/O is pending and our lawyer is smart then try to make a Turn in such a way that Your signatures are taken on blank papers (undear pressure) and now you dont know anything about it) ..Make sense....

Law Learner (Professional)     21 August 2015

Sorry to use Hi, Please let me know , how to Address this forum here. I will use that , going forward.

Sudhir Kumar (Dy Director)     22 August 2015

In our society loans are not given to son-in-la.  It is always a donation.

 

You took some money calling it loan loan (what purpose you  keep secret) and there is a discord.  There all possibility of its being understood as dowry.

 

The question is :-

  1. why you needed money?
  2. why you could not raise loan from bank (was the project not viable)?
  3. why you could not take molney from outside markt (were you un-creditworthy)?
  4. why you  had to take money from none else than father-in-law, (because he was soft target who could not refuse)
  5. have you refunded money, even aftger discrod coming in market?
  6. Was the loan secured loan against a security?

 

SAINATH DEVALLA (LEGAL CONSULTANT)     22 August 2015

Answer the points raised by Sudheerji


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