Before any case is filed you should return the money transferred by your father in law in to your account
2) in case funds are returned wife woukd not be able to make out a case for dowry harassment
Before the marriage, the groom and bride side had an agreement to take expense of clothes and other miscellaneous items from each other i.e the groom will take care of bride expenses and the bride side will take care of the groom expenses. My parents bought everything the bride demanded and for the groom expenses, my father wrote an email regarding the expenses which was requested by them (initially incurred by groom side). Later my FIL paid the amount via a bank cheque. Now the marriage is going south and bride side is planning to misuse this email as a dowry harassment case. The groom side did not demand any money or anything else. Even after marriage, there has been no money or anything else demanded except the bride never used to wear mangalsutra ( she kept it in her mothers place for 3 years) and we had requested her to wear it once for pooja which she refused. The mangalsutra is still with her though. Is this still a dowry case?
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Before any case is filed you should return the money transferred by your father in law in to your account
2) in case funds are returned wife woukd not be able to make out a case for dowry harassment
It just cannot be said dowry, it needs to be proved. There are judgements on it, precaution you need to take
1) No mangalsutra is not dowry, its stridhan mentioned in the Hindu Marriage Act.
2) Marriage expenses will be not treated as dowry.
3) It should be proper gold, car, flat and cash demanded and record as dowry or should have legal evidence regarding this. Equivalent marriage expenses which recovered from bride's family as per marriage meeting held before marriage.
Do let me know if you require any further assistance on it.
check out the Dowry Prohibition Act,
This Act prohibits the practice of giving or taking of dowry by either parties to a marriage. This law also punishes demanding and advertising dowry.
It imposes a duty on parties getting married to make a list of gifts and presents.
If dowry has been exchanged at a wedding anyway, it imposes a duty on the person who is given dowry to give it to the bride.
To file a case this is sufficient. Even without these the case can be filed. To file a dowry harassment case one has to go to the Police Station and file. Simple crocodile tears is sufficient for a case to be filed (although the Police should not be filing unless and until they have a committee, etc).
To harass just filing is enough.
The question of whether they can prove it, is secondary, as it depends on Advocates on either side.
Now what you can do is, as soon as you get a call from Police Station, go and get an Anticipatory Bail and only then go to Police Station.
Getting Anticipatory Bail is like half case won.
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See based on the email and some false facts they can file a case but it can be contested you to bring on record the proof of agreement and expenses incurred to you. Further the onus shall be on them to prove the demand of the dowry . So even if they file false case you can contest same and can get same quashed from the high court.
No, not appears to be a case of dowry related harassment. Moreover, rest assured, at any time she approached the Police/Women Helpline with a false case of dowry against you, you will be given sufficient opportunity to defend yourself. Then, you can give your explanation to the Police and explain them your version of the story. Also take note of the fact that after a few recent Supreme Court verdicts, there no routine and automatic arrest in these types of cases; and hence, there is nothing much for you to worry.
Does asking the bride to wear mangalsutra for pooja/auspicious occasions become dowry harassment? Is it okay to ask the bride to keep/wear the mangalsutra instead of keeping in her parents place? Mangalsutra expenses were shared between the families. Also what are generally considered as marriage expenses? Does air fare charges to fly with the groom amount to marriage expenses? FIL paid for it as he insisted to do it. We did not put any demand for it.
Asking bride to wear mangalsutra dues not amount to dowry harassment
2)if FIL paid for air fare on his own accord it does not amount to dowry harassment
Ques. Does asking the bride to wear mangalsutra for pooja/auspicious occasions become dowry harassment?
Not at all!
Anything given(gift) or any arrangement ensured, without any demand thereof, does not comes within the purview of giving or taking dowry.
No it does not amount to dowry harassment.
You can ask her to wear then again it is her wish to wear it or not cannot be forced.
Food , clothing , and decorations along with organising function ,pooja are marriage expense. See airfare is not a marriage expense as such but the context and facts are to be seen but airfare cannot be said as dowry if there is no demand for same.
Asking to wear a magalsutra is not dowry harrassment. But colour can be added to the same and said in a way to come under purview of dowry harassment. For eg. Asking to wear a Diamond magalsutra, etc will be dowry harassment. The same can also be further coloured that, husband did not let the wife wear magalsutra as it was not expensive magalsutra. He asked to bring a diamond studded magalsutra instead of this.
See as such all gifts etc. given during marriage amounts to Stridhan which belongs to the bride even though you paid for it. Also, gifts that they gave belongs to you.
But what Police do is that they ask you give back expensive gifts and show it as items recovered. So whenever Police ask say she took back everything.
Airfare can be shown as dowry. As mentioned above it all depends on how they put it across. They will usually say that they paid for the couple air ticket, honeymoon expenses, household stuff for starting a living, etc. as you asked for it.
1) to ask wear mangalsutra in pooja it's not a dowry and its wife's rights to wear stridhan.
2) On and before marriage whatsoever expenses took for marriage ceremony are marriage expenses.
Dear Sir
Nothing comes under the definition of dowry. if they file F I R then get stay and get quash order from High Court
HC only goes into root of defination of dowry.
The expenses for buying cloth for bride or bride groom canot be termed as dowry demand.
In fact the household articles and other stridhana artiocles given to bride or brought by the bride to the grooms house are not dowry articles.
There should be a specific demand for dowry by cash or kind until it cannot be termed as dowry demand or harassment.