What to do if I have been accused?
I was proposed my son’s marriage from Tatanagar with the daughter of Mr Nagendra Pandey around two months back. Mr Nagendra , his son and other family members along with the mediator visited my home at Howrah twice. We planned to organize a small ring ceremony function and finalized a date for the same that was 21st of April 2015 at Tatanagar. We did our best to organize this ceremony. The function was conducted well.
After the completion of this function we were planning to set a date for Tilak ,Marriage and Reception from our end while the other side Mr Pandey and their whole family started misbehaving & talk negatively with us on phone and the elder son of Mr Pandey and his wife totally refused for this marriage. We were hurt and disappointed due to their rude & changed behavior.
Anyways we again started a telephonic conversation to solve all the issues but we could not and the conflict started . As we were hurt a lot we decided to stop this relation by their free consent on phone.
Now again a problem aroused when we simply asked them to return our jewelry and other gifts and to bear the expenses as in the ratio of fifty per cent (50%) of the both side genuine, true & authentic expenses but they refused our proposal . They wanted us to bear 100% of their expenses and they would not bear our expenses as they were blaming us we refused the marriage .
As u know an arguments never ends on telephone so we invited many times for the table discussion but all the time Mr Pandey ,His elder son Jay Prakash Pandey refused our proposal and started blaming us and threatening us on phone. They again started to claim for cash that is totally falls. It is True that they had gifted two bundle of rupees five hundred as in hand of our son as Neg (Shagun) at the time of pujan during the ring ceremony and they made a recording of the same intentionally to make wrong allegations on us if needed in future. Since beginning we were opposing to accept that because we don’t appreciate Dowry in any way but they convinced by telling that they were doing only Shagun (Cheka/Neg) according to their will and consent. Anyhow we did not insulted them there by refusing their shagun because of our treaties and cultural etiquette.
Now they are threatening us on phone many times. They don’t want to come for the table discussion and for gentlemen talk while we have invited them lot of times for table discussion. They want us to pay Cash ( some time 1 lakh,some times 2 lacs& some times 2.5 lacs). Again they want us to bear the total loss and expenses. They are not willing to refund the ornaments and jewellery which was gifted by us to them & those ornaments are precious to us because those are souvenir of my Late Mother and my late Wife whom I lost last year to an unfortunate demise. My whole family has come to turmoil and no hope of ray is visible to us ….
I want to bring to your notice all these above issues before they might plan to file a case of dowry against us or they may plan some other cheap activity to give us mental tensions, harassment ,mental torture and threatening .I request you to help us and do the needful to get rid of this issue if needed. I would update you further till the issue does not stop and if I would be needed any legal help in this regard.
I appreciate just how busy you must be and would like to thank you in taking the time to read my letter to you, Please feel free to contact me directly should you need any clarification or further details regarding this issue.
Vinod Kumar Trivedi
1 > Recently the Girl's side lawer have accused us with the fallowing sections. IPC-387/,406,418,419,420,120B, dowry act 3/4, and they are charging us a falls allegation claiming for two lacs from us.
2 > I have few phone call recordings in which the Girls father and his representatives are threatening us in various ways and we are offering them for table discussion in very gentle way.
Asked 2 years ago in Criminal Law from Howrah, West Bengal
1. When the case is filed you should immediately obtain bail so that you do not land up in jail.
2. When an engagement breaks down the parties are bound to return the gifts exchanged. You can file a case for return of jewellery against them. Before they file the case you should go ahead and file criminal complaint for recovery of jewellery against them. When you are on the right side of law and yet are being threatened with false cases it is imperative that you should be offensive and not defensive.
3. On the basis of the phone recordings in your possession you can file a case for criminal intimidation against them.
On receipt of the said legal notice, it becomes your duty to give a suitable reply denying their allegation and averments.
There is nothing to worry since it is only a legal notice but you have to be cautious because if they lodge a criminal complaint making the said sections, it will be tough time for you and in that event, you may obtain anticipatory bail and challenge their claim or the investigation by the police.
If you have accepted the money you may indicate that you are ready to return it provided they return the jewels you offered to them.
It is a loss for both the sides if the marriage has been stopped, so analyse the pros and cons properly so that the issue can be solved amicably.
Dear Mr. Vinod
No need to worry, if you think that they are the people who are not willing to return your jewellery then first of all send a legal notice immediately with all the facts and situation and if they are not ready to return the same you may file a civil suit for recovery before civil court against them and claim damages and claim compensation for harassment and defamation.
phone calls recordings will be best evidence in your favour hence save in original shape.
Advocate, New Delhi
1. You are silent on the mqtter qs to why all of a sudden they started misbehaving with you after successfully organised ring ceremony,
2. You are also silent as to how much your son had received towrads Sahgun. Please note that receiving dowry in any frm is a punishable offence and it's acceptance is not treated as "cultural etiquette" at all legally,
3. You do not know what evidence they had to prove that you claimed, taken and further claimed additional amount towards dowry and after being refused you had called off the marriage,
4. If you are sure that they can not have any such evidence then relax since their case will not be supported by adequate evidence. Contest the cases fittingly,
5. If you think that they might have such evidence then the matter may g against you and in such circumstances, I would suggest you to settle the matter amicably.