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Rohit (Legal)     15 January 2016

No dowry exchanged

Dear Colleagues/Seniors,

One of my friend is getting marrried in a very simple manner. In order to ensure that tomorrow in case of breakdown of marrige, if allegations of Dowry is levelled against him/family, he is taking a settlement deed from girls family in their own handwriting which would interalia says "that the articles given are gifts items and not dowry items"

Now i just need your valuable advise with regard to the above in terms of contents, its evidentary value in the court and any other suggestion you would like to share.

please reply as your suggestions could help a family

many thanks in advance

 



Learning

 15 Replies

fighter (Software professional)     15 January 2016

whatever given or taken at time of maarige is not considered in cases.....498a is cruelty and money demand after marriage.So this deed  will not help in case.Police never listen to guy in 95 % cases...

Vidya (ss)     15 January 2016

Yes what fighter said is right...as long as police department act as co ordinators for encourage the legal prostitution... Here no justice happens..me and my 4 friends got all the proofs show that we buy jewellery and all. But for shake of photo shoot..wife's mother and father just hold it..police and b*tchy women rights leader ( relation to my lovely wife...know the truth) simply saying with photos we file case ..if you are genuine prove it in court...they know how it kills men's life..they are nothing but devils who enjoy torchering others.

Sidharth   15 January 2016

Dear Rohit,

Dowry in simple words forcefully demanding something after marriage

The things given at the time of marriage as gifts is considered as " stri dhan"

Girls can claim this stri dhan if there is problem after marriage under IPC 406 which is most miss used law. Girls gernally make false list and demand huge amt

So to prevent such situation there is DOWRY PROBATION ACT 

presents which are given at the time of marriage to the bridegroom (without any demand having been made in that behalf):

Provided that such presents are entered in a list maintained in accordance with rules made under this Act;

Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given

Rules in accordance with which lists of presents are to be maintained.-(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.

(2) The list of present which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

Every list of presents referred to in sub-rule (1) or sub-rule (2),-

(a) shall be prepared at the time of the marriage or as soon as possible after the marriage:

(b) shall be in writing;

(c) shall contain,-

(i) a brief descriptttion of each present;

(ii) the approximate value of the present;

(iii)the name of the person who has given the present; and

(iv)where the person giving the present is related to the bride or bridegroom, a descriptttion of such relationship;

(d) shall be signed by both the bride and the bridegroom

 

1 Like

srk (Service)     15 January 2016

Rohit, 

As all the experts have mentioned, even if you dont accept any gifts wife can still file a case of 498a claiming that the husband, his family and his relatives are demanding dowry and harrassing her after the wedding, but its always better to maintain the list of all the articles exchanged during wedding signed by both the parties, atleast that way you can save yourself from false list of articles that the wife claims that she got from her parents during wedding.

Even after all these precautions if the marriage is going down and wife wants revenge, she can hide all the stridhan and claim that husband his still having them, no police is going to search wife or her parents house. 

@Mrs.Renuka Chowdary, no offense madam, but how many marriages happen in the whole world with out the exchange of any gifts, i guess 0, poor and rich everyone exchange gifts, some cultural and social pressures always exists in the gifts exchange and wedding expenses, we cant stop it, all we can pray for is nothing is demanded either by the Bride or the Groom. About the trust part, how much ever you trust, one can't gaurantee any groom or his family about any cases that can be filed by the wife later in life. Why would anyone in the world Marry a women who they think will file a 498a later, it all happens because of the situations later and as Sidharth, Vidya and fighter have mentioned the Dowry laws are few of the most misused laws in our country, along with the corrupt police system, greedy lawyers and some Judges it makes worse for the men.

please follow Mr.Sidharth's instructions, that will save you from some hassle later if the wife files cases related to Dowry.

 Regards

Srk

 

1 Like

balaram (director)     15 January 2016

Dear Srk,

As per your knowledge there will be no marraiges happend without any gifts or dowry at the time of marraige.

But I can contless number of marraiges happend in the current world withour those. Even now a days there are many men who take perosnal loans for their marraige to avoid burden on parents on both sides. Boy personally feels and society showcased him as a resposible person of family and an insult to take money.

There are excuses in that also, but the dowry taking boys count has drastically reduced and at the same time false allegation filing girls count drastically increased.

Regards,

Venkat P

srk (Service)     15 January 2016

I agree with you, if the wife wants to create a situation and file a case, she can at any point of time.

In most of the indian customs there will be an exchange of gifts, gifts here i mean wedding saree, mangalsutra or anything a one party gives other party, if you have done a wedding with out any exchange of gifts i really appretiate it. one of my friend got married in arya samaj, no major gift exchanged but the groom bought her wedding saree, mangalsutra etc. we as groom friends have given the groom and bride some small gifts, even though this a very basic wedding but still there is a gift exchange. 

Srk

balaram (director)     15 January 2016

I have my personal experience Srk, though my marraige happend in Hindu temple, very simple and little budget. I only breared girl sare, mangalasutra and the girl mother asked me to share 50-50 for reception expences as 50% my relatives can come. I accepted and paid. Now who ever see my marraige pics can tell whether there will be any dowry or gifet exchanged or not.

But 498A filed and you know rest and how long will it take to resolve. In the end life will be spoiled. Some times I feel that we are spending life to attend court and earn moeny to spend for those expenses or to pay maintenance.

Please igonre this message if some one hurt with my message, this is just my opinion.

Regards,

Venkat P

Sidharth   15 January 2016

The Supreme Court has ruled that demand for money and presents from parents of a married girl at the time of birth of her child or for other ceremonies, as is prevalent in society, may be deprecable but cannot be categorised as dowry to make it a punishable offence.

balaram (director)     15 January 2016

I storngly beleive a new law or section has to come to punish the women, their parents and the governament employees (Esp Police) who put false allegations on boy and his family who is living respectafully in the society.

Once the case has disproved on any boy and his family has to automatically put the entire team who done false allegation. I still remember an 82 year old man who came to court to attend the case file by his daughter in law has put in jail by police saying that we caught him in the court.

I personally saw a 25 year old bl**dy police officer treated him. Always people talk that girl facing lot of issues and i agree with that. But what about these type of girls and men punished because of them...

Regards,

Venkat P

fighter (Software professional)     15 January 2016

download this judgement and take relief..... https://www.lawyersclubindia.com/forum/Good-judgment-for-up-guys-for-fighting-498a-cases-131944.asp#.VpkkmdJS3cd

srk (Service)     16 January 2016

Venkat, 

Even though you have spend your own money to buy these items for your wife during you wedding, it couldnt stop her from filing a 498a case. you tried your best to provide for your future wife, but wouldnt the constitute to gift. wouldnt the marriage be solemnized without those 2 things.

there are a lot of people who marry without dowry but there will be some exchange of these small gifts during wedding, i want to differentiate between Dowry and gifts. Somethings given as a gifts during wedding will be mentioned as dowry in the complaint. sorry if i have hurt someone's feeling but this is a discussion and we are sharing our experiences and debating to help one of our friends.

there are provisions in the law that punish people who file false cases but everyone in the society, including police and judge have a soft corner for them "Abala naari se galthi hogayee". even if the cases are filed to punish them it takes years to prove that they are guilty and in a way you are punishing your self going around the court to convict them.

Srk

1 Like

murali mohan c   18 January 2016

Of all these gifts marriage etc one question generally pops up in mind whether ancestral share given to daughters will amount to dowry ?

murali mohan c   18 January 2016

Of all these gifts marriage etc one question generally pops up in mind whether ancestral share given to daughters will amount to dowry ?

fighter (Software professional)     19 January 2016

All are gift and gift are not returned...
https://www.lawyersclubindia.com/forum/Good-judgment-for-up-guys-for-fighting-498a-cases-131944.asp#.VpkkmdJS3cd

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