• False dowry case after engagement breakup

On 26 January 2017 I got engaged with a girl. Girl is from Bhopal MP. She has done 12th and doing Diploma in Nursing.
My family has been introduced on 20th Oct 2015 in Bhopal to bride family by a Lady mediator who is a relative of girl’s family and also belongs to my native place UP.
Both the family wants extra time for fixing marriage date since girl was completing her education and I was planning to buy Home so marriage was postponed by 1.5 year and date was fixed as 11th May 2017. To confirm the marriage Roka (Varaksha) was done on 26 April 2016 at my Native place Gorakhpur UP at my expense, the approximate expense was 1 Lac INR.
They had given us 21000 Cash as Sagun on Roka and gifts not more than 5000 Rs.
The engagement was fixed on 26th Jan 2017 in morning 11.30 AM , accordingly we had done Ticket reservation for both the side but before 7 days his father called and said that now engagement will be happen at 9 PM. We were not clear about why he has suddenly changed the time but after reaching Bhopal we came to know that Her father was retired from his government job and given the combined party of retirement along with Engagement to his relative and Friend.
Her father had done the arrangement of our stay in a hotel for one day of 18 people. It has cost them approximate 12000 Rs because it was just stay without food. 
After 3 month of engagement mediator has informed us about a strange epic which finally lead to break the marriage? She said that she was getting call from unknown number saying that boy is already married and you are ruining a life of girl by marring with a married person. We had informed about this nonsense to girls family and they started questioning us and they doubt on my characteristics which was very disappointing to me. 
His father visited Mumbai on 12th April and we had discussion on this matter with him along with relatives from both the side. We had requested them to postpone the marriage for next 3-4 month. Once everything will be clear as why unknown person is making such call and motive behind this, will go ahead for marriage. But they were never ready for this and started threatening us that if this marriage will not happen on 11th May 2017 then they will file case against us of dowry and sent whole family into jail
His father has lodged an FIR in Bhopal on 28th April in Mahila Police Station at Bhopal under section 3, 4 under dowry prevention act.
Bhopal Mahila police has sent the police to my house Bhandup, Mumbai Along with Notice stating that My mother, father and me need to be present in Mahila Police station, Bhopal on 11 July 2017 else strict action will be taken by them.
While talking to police officer I came to that his father wants us to repay the expenditure of Rs 10 Lac which he claim that he has spent. Now please advise us what to do next
•	Should I file case against him for my defame?
Asked 8 years ago in Family Law
Religion: Hindu

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5 Answers

1)there is no harm in attending police station on 11th July 2017

2) deny allegations made of dowry harassment

3) mention that you are willing to reimburse expenses incurred provided they give supporting bills of the expenses

4) mention that marriage was called off on account of suspicious nature of in laws as they doubted your character

5) refuse to bow down to pressure tactics and pay Rs 10 lakhs demanded by the in laws

6) if any FIR is lodged obtain AB and contest case on merits

7) you can file complaint of defamation against them under section 500 of IPC

Ajay Sethi
Advocate, Mumbai
99952 Answers
8158 Consultations

1.It appears that FIR is already registered.

2.if that is so then first take anticipatory bail and then meet the IO. Before taking the bail if you meet the police you may be taken into custody.

3.The proofs you have so far are enough to secure bail from court.

4.Calling off marriage engagement is not crime and the cae would be demolished if it reaches to court due to lack of evidence in their favour.

Sodo not flutter the eyelid and prepare for battle after getting the bail.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

This is a case of stopped marriage.

In fact he lodged a complaint well before the date fixed for marriage, i.e., he has done the mistake in a haste by lodging the complaint which is not maintainable.

Since there is no word of stopping the marriage from your side, the decision to lodge complaint with police is a mistake done in haste by her father.

His demand for Rs. 10 lakhs is exorbitant and illegal, do not entertain the demand even for a single rupee.

Dont attend the police station at Bhopal from Mumbai.

The police at Bhopal cannot make frequent trips to Mumbai to arrest you.

You can engage an advocate in Bhopal and obtain AB on the basis of the complaint against you.

Her father cannot bribe the police every time to make the police to act at his desire.

You can challenge his non-maintainable case in the trial court.

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

You may look for good lawyers hailing from Bhopal from this forum too.

There are plenty of lawyers available in good legal forums like this, dont fall prey to some greedy lawyers.

The lawyer's fee for AB cannot be predicted by another lawyer.

You can proceed with the counter complaint against them, if you have proof for that.

The criminal cases may appear dreadful in the beginning, you will get used to it at a later stage as you start attending the court.

The tensed situation will gradually get diffused as time passes on.

The time taken for disposal should be approximately between two to three years.

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

1) AB expenses depend upon lawyer engaged by you

2) you will not get AB without going to Bhopal

3) you have to file petition before SC for transfer of case

4) however please note that convenience of lady is generally taken into account . SC would not transfer case to Mumbai

5) criminal cases take around 10 years to be disposed of

6) you can search in kaanoon.com website for lawyers in Bhopal

7) you cna file defamation case in Mumbai as part of cause of action has arisen in Mumbai

Ajay Sethi
Advocate, Mumbai
99952 Answers
8158 Consultations

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