• Allegation of dowry and claim to get the money back

My brother passed away couple of years back. Now my sister in law has given a case against my parents falsely claiming that her family had given my parents 10 lakhs cash at the time of marriage. My parents were never given the money. They have provided evidence on how they raised the money. They have said that they have got about 13 acres of land with rubber cultivation on them. At the time of marriage, they cut the trees,   sold it to a contractor  (apparently one of their family member)  for 20 lacs and gave 10 lacs to my parents. They have attached a note from the contractor confirming the same. 
My parents can only show their bank account at the time to prove that they never received the money. They haven't acquired any property during that time.  Is there anything else we can do to prove that they never gave us any money?
Asked 1 year ago in Family Law from Australia
Religion: Christian
1) bureden of proof is on sister in law to prove Rs 10 lakhs was paid by her femily at time of marriage 

2) have they declared payment of Rs 10 lkahs cash in income tax returns 

3) your parents can on basis of contarctor evidence prove their innocence 

4) file complaint of criminal defamation under section 500 of IPC against girl and her family 
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

1. The note from the contractor would only prove remittance of money to her parents but it does not prove giving of dowry by them to your parents.

2. The onus to prove the demand of dowry by your parents is on your wife as she has filed the complaint. The basis principle of criminal law is that an accused is presumed innocent unless proven guilty.

3. Your parents should immediately apply for and obtain anticipatory bail.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

It is a well established principle of law that whosoever asserts a certain fact must prove it. It is your wife’s duty to prove the transaction, So you have following things in your hand for win the case
1. Oral evidence and 
2. Documentary evidence 
In oral evidence the contradictions must be proved from your side when she is crossed .And also give oral evidence which substantiating your claim. You also allege cruelty in your counter and deny their false allegations. Cases WIN or lost depend on ground contradictory statements, creating doubt against any allegations, abuse the process of LAW or for coming to court with unclean hands is the major key factor. Start working with witness list and evidence .
Ajay N S
Advocate, Ernakulam
2816 Answers
47 Consultations

5.0 on 5.0

No need to worry, fight the case on merit, she can not prove her allegations, the burden of proof is upon her to prove her case without reasonable doubt.

Nadeem Qureshi
Advocate, New Delhi
4875 Answers
224 Consultations

4.9 on 5.0

You have not specified under what provision and act your sister in-law filed case. An FIR under 498A or a petition under domestic violence act, or a complaint under dowry prohibition act.. 
 If your sister in law has lodged an FIR, during the bail and trial times you can defend to disprove their claims.
If they have made a cash transaction , without making any documentary or witness evidence, or bank entry of transfer, it is difficult to prove.

If it is a dowry case 498A IPC, during the trial your lawyer can establish her claims as false.
Before that , you should try quashing the FIR if it is a criminal case under 498A.
If it is a  case claiming the  under DV act or in a civil suit, She has to prove the amount paid , if the contractor being a relative is an unreliable witness.
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

1. When was she married to your brother?

2. In the instant case, it is she who has to prove that she or har family had paid that much amount to your father/family.

3. The evidence of raising the said amount does not prove that that much amount was paid to your father/family. It should be supported by other corroborative evidence that your father/family had demanded that amount.

4. Your father/family shall have to submit evidence that there is no increase in your moveable or immoveable properties by that much amount after the marriage of your brother.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer