• Dowry case

My family didn't demanded a single penny before or after marriage (married 1 yr ago)and even contributed half for marriage expenses but on wedding night my father in law gave me one lakh and gold chain to me and my father ..... can they case a dowry case on this ground as they have video of it ........ My marriage is not going smooth........after marriage there is no demand and no evidence.....kindly advice......
And in case they file case what is maximum punishment of this even We are ready to pay back the money.
Asked 7 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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8 Answers

1) the allegation of wife would be that demand was made for Rs one lakh in cash as well as gold

2) transfer Rs one lakh received to father in law account

3) also return the gold chain and obtain acknowledgement from FIL of having received the gold chain

4) in case any false case is filed of dowry harassment obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

You must return the sum of Rs one lakh before case is filed

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

you needs lot of patience, and not run after false expectations from whichever source.Your wife can file 498A case,false dowry case against you. As per the Dowry Prohibition Act, dowry is 'any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to the other party to the marriage or by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person at or before [or any other time after the marriage] in connection with the marriage of the said parties'. As per this definition, gifts of jewelry, clothes and cash traditionally given by the groom's family would also be covered by the anti-dowry law and hence declared illegal.

Anti-Dowry law which is misused by most women today to book their husbands and in-laws for maltreatment even if dowry is not the cause of marital breakdown. Instead of curbing the give and take of dowry, the anti-dowry law has become a weapon for revenge for wives who use it against their husbands and in-laws, even if the conflict is not over dowry.

The punishment could be imprisonment for a term not less than 5 years and a fine not less than RS.15,000 or the value of the dowry received, whichever is higher.

Ajay N S
Advocate, Ernakulam
4079 Answers
111 Consultations

5.0 on 5.0

Dear Concerned,

It not only the money you received as gift any money spent by Father in law on marriage will have to be paid if they ask for , specially if the file a false Dowry Demand or Cruelty case.

It is better an advised to try to sort out this mutually - agree on mutual terms for settlement of Divorce .

You may choose to contact us through Kaanoon.com by booking the consulting time to have a discussion on the subject.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

Dear Querist

there is no dowry demand/harassment case, if they falsely want to file the case then they can but they have to proved the case without reasonable Doubt and if they will prove the case then maximum three year imprisonment can be imposed with or without fine but the court shall give you opportunity to proved you innocence and disproved their false case.

returning of things is not a solution.

if your marriage is not going smooth then try to settle the matter through marriage counselor or take the help of mediation process which was provided by the State Govt. free of cost.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. Gifts given without demand do not constitute dowry. Dowry is preceded by demand. However, the practical reality is that if they decide to file 498A against you then they will claim that you demanded it and they gave it. The maximum punishment is 3 years.

2. If the marriage is not smooth then you are free to apply for divorce on the ground of cruelty.

3. You can return the items even if the case is filed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can return the money stating that the money what they have given for marriage expenses are returned and can create an evidence for this return.

Besides, if they still go for dowry demand complaint, you may obtain AB and then challenge the case properly in the trial court accordingly.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

At present I am not sure they will file the case or not.......they will not accept these thing at present......... I want to know if they file case can we return after case being filed.

If you anticipate any criminal complaint likely to be foisted by them against you or y0ur family members, then you may return their amount by bank transfer accompanied by a letter stating the amount given for marriage expenses are returned herewith. Dont delay the return if you are frightened about their moves.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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