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aatma   04 August 2008

Marriage Registration and Dowry

I married in November 2005, and the marriage was registered in Tamilnadu, Hindu Marriage.


Honestly, no dowry was demanded, given and taken. But girl's parents gave  jewels to their daughter on their own wish and tried to give cash to me. I refused and told if you want to give this for your daughter's welfare, deposit this to her name. The amount was deposited in her own bank (not joint)  account and that money was never touched by me by any means. No cash withdrawals or cheque, so no any transaction records.


In the marriage registration form we both declared and signed that " NO dowry was demanded, given and taken", and her father (government employee) signed as witness.


Due to some family glitch, now in  2008, she has filed complaint under IPC498A,506(2), DP 4 against me and roped other 5 family members. In the complaint she has mentioned that, "our family demanded dowry  even before the marriage on the engagement day August, 2005. Her father accepted the demand and gave the above mentioned ornaments and cash as a dowry, and in  the continuation we have demanded "Car" in  2008. Also me and my family tried to kill my 1 year old son".


We never demanded any thing at any time, and the "Car" is beyond our socio-economic status.


She is well educated (Ph.D), and her father is a government employee. How they signed in registration form with the declaration of "No dowry was demanded, given and taken".  Now after 3 years, complaining about the dowry demand even on the engagement day?


These crooks  are misusing the women protection laws to cover their unableness to recover the damages caused by her to the marital relationship.  What to do with these crooks?


How to tackle these false allegations?  We never demanded anything , so ready to face this in the court with courage.


Thanks.



Learning

 3 Replies

shiva shanker (Legal Officer)     04 August 2008

Dear Atham, as per your version, in our India, most of the fake dowry harrassment cases are being filed, and will be filed. But in your case, as per your version, u r not at all guilty, ofcoz, that has to be judged by the court after lenghty of trial. But, meantime, u obtain a Anticipatory Bail, by consulting gud lawer. and face the trial. During the trial you have every chance of disproving thier allegations, and  I am sure, they will come for compromise as they have no case basing on ur statement. But, till u get the bail, i can imagine ur feelings. But, in these situations u shud be very bold, and pls try to get the anticipatory bail atleast for your father, mother etc., becoz, the court may not give it to you (some times depending on the mood of the judge). Ok, first u consult gud advocate there and obtain the anticiaptory bail. And be in touch with this cite.


 

Mohit Attri (lawyer)     04 August 2008

DEAR FRIEND U HAVE STRONG EVIDENCE.FIRSTLY AS ABOVE MY DEAR FRIEND SHIVA SAID U OBTAIN A ANTICIPATORY BAIL. SECONDLY U CAN ALSO FILE A CASE ON UR WIFE'S FAIMLY UNDER DOWRY PROHIBITION ACT.

aatma   06 August 2008

Thank you Mr. Shiva and Mohit.




 


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