• Getting married: How to protect myself against an possible false dowry case in future.

I am getting married within a month. I am capable to run my family and don't want to take any dowry.
However i want to protect myself as well as my family members against any false dowry case in future.

Bride side offering many things (like Car) but i am refusing it. Before marriage, i want a to have a legal document something like agreement between both parties for "dowry neither demanded nor given"

Please let me know the legal way of getting that document. is there any standard affidavit that can help ?
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

See as such no agreement pertaining to marriage is valid though you can seek an affidavit from wife and her parents that no dowry is asked or demanded by you also they have not given any dowry.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

There is no such standard affidavit for this as desired by you.

If you want to be doubly sure about not taken the dowry nor they had given any during marriage, you may write it on a plain paper about this and also ask them to acknowledge the same stating that they also agree for not given any dowry to you.

This kind of undertaking can be attested by a witness each from both the sides and can be notarised as well.

Hoover for your information this undertaking cannot prevent her from filing any such dowry harassment case in future, you can be aware of this legal fact.

 

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

You can make an agreement with in-laws that the said items are willingly gifted by them to their daughter for her marriage without your demand. Then the same will not be considered as dowry

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

These things can be made ie affidavit declaring that you have not taken any dowry etc. But it will not be beneficial and helpful in your relationship with the bride and her relatives.

It is better to behave responsibly so that this situation doesn't arise in the future.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You don’t need an affidavit that no dowry was demanded or given 

2) email from bride and her parents is sufficient 

 

3) if wife does not have email id letter from wife and her parents would suffice 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Pre nuptials are not allowed in India.

2. You cannot stop your bride from filing a dowry complaint. Under Indian Contract Act any agreement in restraint of criminal law remedies is not permissible.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Well, since there is no prenuptial agreement which is legally sustainable in law in India. you can not have any document at all.

However since you are not taking any dowry try to get an informal acknowledgement through e-mail regarding expenses in marriage in your side and the gift exchanges by each side.

After  marriage open a fresh new bank locker in her name.

However all these efforts are still not enoUgh in the event she decides to file case under section 498A IPC.

 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

In India Agreement(s) in restraint of any act / activity is not permissible, as such, your wish to take agreement from them is not valid.

You can get in writing from bride / her parents stating that they neither give any nor you demanded any dowry, the same can be signed by her / her parents.

The above will serve your purpose.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

There is no protection as such it will be good that not to take any diary and make your marriage simple during the life if you are afraid of any domestic violence now it will be good for you to leave the life simply and do not create any disturbances living life in harmony and mutual concern it always leads to a good life just forget everything and go get married and live happily

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Sir,

In India there is no contract before marriage for anything.


A. Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately. 
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again. 
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI. 
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction. 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hello,

such agreements are not legally enforceable and the same will also create disturbances in the relationship. Better is that do not take anything and if they are trying to give you anything then you ask them to give the same on the name of daughter. 

drop them a humble email stating that we do not want anything etc etc, so that the same remains emotional and yet a prove.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hi

Don't be afraid bro. You are going to start a new phase of life. 

Be confident and move ahead to a happy life.

There is no provision that can be submitted anywhere stating that dowry neither demanded nor given.

And if you will enter into such dispute before marriage only then it may have adverse effect on your relation with your partner. 

Anyway. A simple affidavit can be prepared from both the sides that you are not demanding any dowry and also they are not giving any.

Waise kuch nahi loge to kuch nhi bigd sakta aap ka

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Hindu marriage is not a contract hence such agreement is not valid. But bride side can give declaration in writing attested by 2 witness of their side and one witness of your side - list of whatever given in marriage by way of gift and no other articles in the form of dowry and gift  asked by groom side and refused whatever was offered as gift.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

No such legal documents are there to protect you from false dowry case .

Make a gift deed for all valuables given by  bride side. That would be enough.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

the letter or affidavit is only a piece of evidence the probative value of which would be considered at the time of trial. If you hold that a letter or affidavit is conclusive on the fact that no dowry was obtained then it would be adopted as a standard practice by all now isn't it.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Agreement which you want to make will not help you against false dowry case as family of Bride can say that it was made Under pressure as marriage was fixed and your family was threatening to break the marriage. 

2. Instead you can record the conversations between both families in which your family refuse to take any articles from family of your fiance.

3. Retain bills of articles purchased during marriage and try to make online payments and payments through cheques to keep records of purchase during marriage. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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