1) your defence should be that land was purchased in name of wife and father in law had transferred funds of Rs 5 lakhs as gift for purchase of said land
2) no dowry demands were made by you
3) n case of dowry harassment is made out
Sir, I purchase site in the name of wife and took 5 lkh from father inlaw as loan, now she separated and put complaint like dowry. What to do?
Any one can suggest for this situation.
1) your defence should be that land was purchased in name of wife and father in law had transferred funds of Rs 5 lakhs as gift for purchase of said land
2) no dowry demands were made by you
3) n case of dowry harassment is made out
Taking loan from wife or her parents for the purpose of purchasing a house is not dowry. Contest the case on merits after obtaining bail.
Hi,
You have purchased the site in your wife's name. The property any which way belongs to your wife only. So it will not be a dowry case at all. Father giving money to purchase property in his daughter name does not constitute dowry. Even if father in law given you money as a loan and with that money you had purchased property in your wife's name , you are not even required to repay the loan. You are just a postman between father and daughter.
1. Has the incidence of your taking the said Rs.5 Lakhs from your father in law and buying the site in the name of your wife taken place at the same time?
2. If yes, then you can take the plea that the said rs.5 lakhs you had taken from your FIL is not on account of dowry but loan for buying the site in the name of his daughter,
3. In the above case, you shall have to return the said rs.5 Lakhs to your FIL,
4. While advancing the above argument, make sure that your wife or father in law does not have any irrefutable evidence about your demanding Rs.5 lakhs or any amount towards dowry.
If you can prove that the property was proposed to be registered on your name and just to keep the property safety, you have registered the same on your wife's name, then you can recovery the property. But the chances are very bleak. You need a Senior lawyer to deal your case. I have good acquaintance with with several Senior Lawyers in Hyderabad. First we will take opinion and then move forward. If interested contact me through Kaanoon.com.
I purchase site in the name of wife and took 5 lkh from father inlaw as loan, now she separated and put complaint like dowry. What to do?
The amount taken on loan from father ion law shall not fall under dowry demand.
If you have proof that you have taken it on loan then you can easily challenge his allegations.
Moreover the property has been purchased in her name only hence it cannot be said as dowry demand.
Any one can suggest for this situation.
The property being purchased on her name, the property belongs to her whether she remains with you as your wife or becoming a divorcee after divorce.
Therefore there is nothing to be concerned about it.
The registration of sale deed on her name will shield you even if she files a false dowry demand harassment case to avenge you over the matrimonial disputes.
Dear Sir, Now they demanding from my side for 5 lakh and moreover i have given around 3 lakh to father inlaw through bank transfer from my account. But he still files complaint that i need to pay the 5 lakh and i am doing domestic violence for this like. but actually they are doing me domestic vilance and puting pressure on payback money. Pls suggest.
I already told you that your case is very complicated and asked you to contact me. I will try my best to bring you out of the problem. Do not pay them even a single pie now onwards. Do not worry. You can contact me through phone consultation of Kaanoon.com.
1) no need to pay Rs 5 lakhs as land has been purchased in wife name only
2) although Rs 5 lakhs was transferred to your account you had given the said funds to his daughter ie your wife for purchase of land in her name
3) Rs 3 lakhs was further transferred by you to FIL
4) amicable settlement is best option . if wife is wiling to give you divorce by mutual consent settle the issue
If they have filed domestic violence case agaisnt you, it becomes your duty to dfend yourself based on the evidences supporting your claim and merits on your side.
You can refuse or deny their allegation and you can bring the bank transfer details to support your claim. If they ask for 5 Lakhs, let them prove your liability to that extent and also let them deny the bank transfer, they will find a tough time to prove their allegation especially they cannot deny the bank transfer which has been proved with evidences, so you have to plan the strategy accordingly.
1. You deal with the domestic violence complaint fittingly refuting her complaint and submitting evidence of her violent behavior, if any,
2. After that refund the balance amount of Rs. 2 lakhs to him,
3. Alternatively you can take the stand that your father in law had remitted Rs.5 lakhs to your account for your arranging to purchase a site in the name of his daughter being your wife what you have done,
4. You shall have to address two issues now i.e. allegation of DV and taking dowry without mixing the two.
dear all, i cannot reply in two months because i was in trouble in this case a lot. As expected i undergone these difficulties in last two months. please suggest based on this issues; History of my case; * am 36 years old, got married 3 years back, doing private job but presently not having job in hand from last 4 months, after my marriage we came separate house to different place, and no contact parents from last 2.5 yrs, now father is bedridden so use to go to see my father daily for one hour to tack care of him. * my wife is central govt employee, 31 yrs, w made house near her office. 1. when wife gone to father house and she gone to police station to give complaint, but before going police station she also gone to dowry harassement center its counselling center. so police not taken her complaint and approched to go counselling center. i got letter from counselling center like she lead happy life only for 6 months after that i got harrasement from me and my family members mentally and physically. so come and attend the counselling like this. 2. after this immediately i arrange panchyath das with all my failmily relatives her family relatives at wife home. in this see raised issues like i am doing harrassement, i am going to my family house and keeping my sister and sisters daughter photo ( 5 yrs child) in mobile, is asking my salary, abusing my father, not allowing to use mobile, not allowing to come to parent house like she raised silly matters raised. Then convincing all the panchyath das she agrees to coming in the morning like she told and then waited till morning and in the morning immediately raised conditions to come back like not to ask my salary, not to access my cell phone, not check my office handbag, not to ask and restrict me when i gone to out of station for parent house. whole family reponsiblity he needs to take care and she needs to sit in home without any disturbance like that she demaned and she provoked with her bad languages then i not agreed for this and came to my place and stayed in rented house alone. 3.then i got call from counselling center i attend 6 rounds of counselling in 2 months, based on her complaint copy the counselor asked me the questions like, she is telling you and your parents doing physical and mental harassment, you have taken 5 lakh rupees for site purchase in wife name but not given back, and you are suffering from uretho structure disease ( its disese block the urine flow gradually and its paining lot while urination) and demanding for 5 lakshs of her mother insurance amount like, day by she started raising new created aligations in couselling days. but counselling earlir they supported me and they told me that they have lawyer use it, but i told not require i have my own lawyer like that but after counselling person attitude is fully changed and they start supporting to my wife, in next counselling i brought my lawyer and he also tryed to comporomise my wife but day by day raising new issues. 4. in last round of couselling member present are me and my lawyer and my wife and head of the counselling center sat, i got shocked to listen that she raised issue like i got 15 lakh from her father in that 12 laksh from father and 3 laksh she took loan and they given that 15 lkh to me and i am demanding another 20 lkh because of that only i send her to father house and without 20 lakh dont come to my house like that i told. this is doing by me listening the words of my parents, brother and sister. finally counsellig failed and i came back. next day she came filed FIR in our place where we resided. 5. in FIR she given complaint like i have taken 15 lakh and demanding for another 20 lakh. and she mentioned names of my sister, brother, mother and me. we applied for anticipatory bail waiting for bail. 6. i disappoint that one double star police spoke to me for 5 mints and told me to go and night filed FIR, morning he given crime number, but no senior police officer spoke to me. 7. in counselling center our lawyer given his visiting cards to my wife and her father. i approched to my lawyer to send notice to wife like restitution of conjugal rights but he told me to wait till completion of counselling, but completion of counselling immediately she failed FIR. but when i got call from police immediately i informed to my lawyer and he told me to not go for police station. but i gone to police station they smoothly spoke to me and to me to collect crime no by morning. Then my lawyer same day send notice to my wife for restitution of conjugal rights. but now its 7th day of FIR still not got the anticipatory bail and our lawyer telling it will take another two days. when i asked the details of bail an next process he is telling you don not worry i will take care abscond for another two days like he is telling, for all my questions is answer is don't worry i will tack care. PLEASE SUGGEST ME FOR MY NEXT STEP
AB takes time to be decided as the state too has to be heard. Unless the AB is actually decided one way or other the only advise that a lawyer can give to his client is to remain away from the sight of police and be patient. So any lawyer will say what your lawyer has said.
1) you have already filed application for anticipatory bail
2) wait for court orders to be passed on you AB application
3) since you AB is pending police will wait for orders to be passed on your AB application
Since the issue is at anticipatory bail stage, you have to follow up through your advocate and follow his advises till you get AB.
Dont do anything for the present without your lawyer's knowledge because it may jeopardize the efforts he is taking to get you people enlarged on bail.
1. It appears that you and your wife did not gel together in your marriage,
2. Practically there is no use in filing RCR petition,
3. You are required to file a divorce suit on the ground of cruelty since filing false complaint/FIR is also considered as cruelty by Indian Courts,
4. Immediately arrange for anticipatory bail and then contest the said case fittingly.