• Dowry

I have taken 2.5lacs from my father in law just 1month before marriage for my house purchase in online bank transfer. Will it be held as dowry? And if so what is the punishment under Indian penal code.
Asked 5 years ago in Family Law
Religion: Hindu

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28 Answers

Refund the Rs 2.5 lakhs received by you by transferring funds back to your father in law account 

 

2) in event wife files false dowry harassment case against you take the plea it was interest free loan and was returned to FIL account 

 

3) if you don’t return the money wife can take the plea that Rs 2.50 lakhs was given as dowry 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

It depends upon your income , standard of living ,number of dependents etc 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

1) If dowry is proved in the court than you may get punishment fine or imprisonment or both depends upon judge.

 

2) Maintenance for wife and child court may grant 25-30% of your net monthly salary.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

If he contends so then the police will lodge a complaint prima facie 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

maintenance amount depends on the fact as to what is your earning capacity  

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hello Sir,

Please be advised as follows:

Indeed the amount taken by you would be considered as dowry as per the Dowry Prohibition Act, 1961 under Section 2.

The penalty for taking dowry as enshrined under Section 3 of the Dowry Prohibition Act is imprisonment for a term of not less than 5 years and fine or the amount taken  by you which ever is more.

Dowry is a very sensitive issue and it should in all the circumstances be avoided since it is a prima facie contravention of law and can prove to be fata in future if any case related to dowry death is raised against any partner. 

Section 304B of Indian Penal Code deals with dowry death where if the wife dies the husband is subjected to minimum 7 years of punishment and which may extend to imprisonment for life.

he Hindu Marriage Act, 1955 and the Hindu Adoption and Maintenance Act, 1956, which grant the right to women to claim maintenance. Under Hindu laws, the quantum of maintenance amount is based on several factors like husband’s financial income, assets, liabilities, wife’s employment and earning status etc.

Section 125 of the Code of Criminal Procedure, 1973, which applies to all communities lays down the provision for maintenance of wives, children, and parents if they do not earn enough and reasonable means to maintain themselves, or suffer from any physical or mental incapacity. Under this section, even a wife who has not divorced her husband has the right to get maintenance from her husband.

The courts have said that ordinarily the wife is entitled to an amount of maintenance that will enable her to maintain almost the same standard of living to which she was entitled before the marriage broke down. In case of a minor child, his/her necessities are also taken into consideration.

Generally, courts award 1/4th of the husband’s income to the wife as maintenance. In a case last year, the Supreme Court Kalyan Dey Chowdhury vs Rita Dey Chowdhury set the benchmark at 25% of husband’s net salary as the amount for maintenance as “just and proper”. The court said that the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

   

Please revert in case of any other query, 

Thank you 

 

Harshit Singh Jadoun
Advocate, Noida
68 Answers
2 Consultations

5.0 on 5.0

See you can claim that same was given as loan to you there was no demand or anything you can contest though based on this amount they can file charges against you of dowry. 

Punishment can be as per allegations and charges levelled by them again you in FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See court can award maintenance as per you salary and seeing liabilities the court can award around 20 percent of your salary as maintenance to wife and similar amount to child.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You should return the money as you have admitted that you took the money. You can show that it is not a dowry but a loan or financial help form the family of the wife. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

That totally depends on the salary, the expenditures have to be calculated and assessed. There is no fixed percentage. There is an entire performa that has to be filled by both the parties and then it would be calculated and rest depends upon the arguments in the court.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes return it back via online transfer, later, with interest you have to pay huge.

 

Use phone pe app and quote the reason of transfer

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. All transfer of money may not necessarily mean dowry.

2. So unless the transfer of money is corroborated with other evidence the same alone is not enough to prove this as dowry.

3. After divorce husband remains liable to maintain his wife until and unless she remarries.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Your father in law claims that he has been 2.5 lacs as dowry definitely this amount will be taken as dowry

The maintenance cost for the wife and child is dependent on the age of the child and social and family background of your wife along with income of the husband there is no fix some in this regard and it is decided by the court based on above factors

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear client 

Yes it will be considered as dowry if they file a complaint against you regarding dowry taken by you.

And it is punishable under Dowry prohibition act and it's punishment is minimum 5 years. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If it is willingly given and not demanded then it will not be considered as dowry

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

See court can award 20 percent maintenance as per general trend to wife and similar amount to son of gross salary. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Wife would be be entitled to around Rs 25000 a month as maintenance for herself and child 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

25% for wife and 50% for child, around 50000 per month for both

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

It can go Max 40000/- for both of them

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

If your wife or your in laws files against dowry prohibition act case against you, then only the police will file FIR after that court will decide accordingly, don't worry.

Section 6 of the Dowry Prohibition Act lays down that where the dowry is received by any person other than the bride, that person has to transfer the same to the woman in connection with whose marriage it is given and if he fails to do so within three months from the date of the marriage, he shall be punished for violation of Section 6 of the Dowry Prohibition Act

The maintenance law in India lays down the duty of a man to provide maintenance to his parents, wife and children when they are unable to maintain themselves. Maintenance in law is defined as the amount which is paid to dependent wife, child or parents to maintain themselves. The amount can be paid either by doing one lump sum payment or by way of monthly installments.

When deciding how much alimony/maintenance is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Your usual expenses and statutory deductions would be deducted from your gross salary to calculate your net salary upon which upto 25% your wife is entitled to maintence.

EMI does not find any place here.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

generally it is around 1/4-1/5th income of the husband. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If it is considered as dowry by court and you are found guilty of the offence  then the court may pass sentence as per law using its discretion also.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

The monthly maintenance will depend on the proven salary income or any other source of income of yours.

It may be around 35% of your take home salary.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

It would be around 35% of your take home salary for your wife and the children.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

1, Since the remittance was made through online bank transfer it can be held as dowry unless the credit of your father in law is impeached in cross examination.

2. Since wife is not working she is entitled to maintenance which may be 1/3rd of your net salary after deducting all your liabilities.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The onus to prove your liabilities will be on your shoulders.

2. Nobody can predict what the amount will be,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Wife is having the capacity to earn or not? 

If not then it might be around 15-20K per month. 

there is no mathematical formula to calculate the same 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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