Marriage arrangement expenses claim


Hi All,

My friend's(bride) marriage date got fixed for 14th November 2013. The date was decided on 26th May 2013. They gave a gold chain and few clothes to the bridegroom after fixing the date. The very next month they demanded 5 lakhs for buying a flat in the name of the bridegroom and his brother to have a joint property. My friend's family refused to give the same. After that the bridegroom's side they said sorry for asking such demands. So everything was fine. Even during all these, the bridegroom use to say that he cannot fulfill all her needs so she has to support him in earning money. Even he use to be vulgur on talks with her and use to force her to listen all such things. When my friend tried to show her disgust on such things he threatened her to do whatsoever she can. He told that he will teach her a lesson as his demand was not fulfilled. It was more of a kind of mental harrassment towards my friend. But now when only 2 months are left the bridegrooms parents decided to break the marriage without any inevitable notice. 

They are ready to return the clothes and chain but not the expenses made towards the arrangement. Almost 1.5 lakhs have been invested for the arrangement which if cancelled won't be forfeited back. 

Is there any law/section of IPC by which my friend can charge the bridegroom so that he can pay off the expenses made towards marriage expenses ? 

Thanks & Regards,

Surajit

 
Reply   
 
Advocate/ nadeemqureshi1@gmail.com

Dear Surjit

you friend has right to file a criminal complaint against all of them u/s 4 of Dowry Prohibition Act before police or magistrate as case may be.

read the section carefully

4. Penalty for demanding dowry. If any person, after the commencement of this Act, demands, directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both: Provided that no court shall take cognizance of any offence under this section except with the previous sanction of the State Government or of such officer as the State Government may, by general or special order, specify in this behalf.

 
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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

There is no Law to recover expenses on any celebration's,engagement,marriage ceremony or any annyversary.

 

Whereas if you want then talk with them amicably and come to conculssion of 50:50.

 

The above reply given by Nadeemjii needs to be prooved beyond any doubt and the chances of draging yourself is more in such pretext.

Because Dowry is Two end Journey where giver gives and taker's take. So, If Apply sec 3 or 4 of DPA 1961 then it can backfire you if they are of criminal minded and they don't want to loose anything.

So,better have an amicable talk and come to the conclussion.

 
Reply   
 
Advocate

Mr. Rana, You have a valid reason and ground for filing a criminal complaint against the offenders, it is better to break up the ties with the groom side immediately and file a complaint giving the full details including the advance payment for the proposed solemnization of the marriage, our country is on the side of women and has been taking it very serious on the offences against women especially dowry related offences, so go ahead and in case you are not properly heard by the Police, you may approach the higher officer for relief. advocate Kalaiselvan, Vellore, Ph:+919443441062
 
Reply   
 

@Kalaiselvan Sir, Please let me know the IPC section on which this can be carried forwarded to file a case. If that is files then can this be done on a fast track basis so that judgement can be achieved within a stipulated time. According to you what is the maximum duration of such legitimate cases ?
 
Reply   
 
manager

@ Sujith,

Kalai Selvan has clearly pointed out "our country is on the side of women and has been taking it very serious on the offences against women especially dowry related offences,".....

It is female oriented country... You can just file case against them.. No need of sections, law etc.... Enjoy.

 
Reply   
 
manager

Naadeem sir,

4. Penalty for demanding dowry. If any person, after the commencement of this Act, demands, directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both: Provided that no court shall take cognizance of any offence under this section except with the previous sanction of the State Government or of such officer as the State Government may, by general or special order, specify in this behalf.

 

Are you sure, both asking bride and bridegroom side is crime?

 
Reply   
 
manager

DP act - Is it cognizable or non -cognizable offense?
 
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