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Arun Singh   20 July 2016

Dowry case before marriage(need specific answer please)

Hi,

i have a close friend who met a girl in april,2016 through newspaper matrimonial ad.his parents also visited the girl and then said yes for marriage.but after talking to the girl,my friend realized that the girl has a lot of attitude problem and he just cannot live with that girl.as of now,they have talked multiple times on phone and no ceremony has taken place.his parents have just given a small token gift to the girl.

i am myself a fighter for men's rights but need some legal opinion.
the girl's father is a very aggressive person and my friend fears that if he refuses for marriage,he would want to teach him a lesson.my questions are-

1.can they file any kind of legal case in this case?what is the maximum of trouble they can cause to my friend in worst case?
2.the girl's uncle (chacha) is a senior officer in central government.he also visited my friend and warned him of consequences.my friend is very scared.what can he do if they visit him again?will police listen to the boy or support central govt officer?

I was going thorough the below post in which dowry case was filed even before any engagement was done,

https://www.dailypioneer.com/sunday-edition/sunday-pioneer/nation/father-son-booked-for-dowry-before-marriage-case-in-sc.html



Learning

 9 Replies

Khush   20 July 2016

well, if no function has been happend, then they can not do anything, just they can threaten

498a is cruelty on wife by husband and his relatives

so 498a wil not stand

just record all conversations with them

do not get frigtened by their threats

they cant do anything

if he is central gov officer, he has to take care, he can not use his position to threat someone, these days just one letter to prime minister, is enough against him,

 

Laxmi Kant Joshi (Advocate )     20 July 2016

You didn't provide complete facts , on that occasion when his father gave her a gift did they the girl side had celebrate it by inviting their near and respected relatives ? Photographs had taken or any other ?? emails of boy regarding his expression of love and dedicated to marry her or others , means any proof which can prove their engagement or acceptance for marriage either by boy or by his parents ?? Pl. Ans it only then any appropriate legal advise my be given to you .

Arun Singh   20 July 2016

here are the details sir.

boy went alone and met girl only once at her home.
then girl's father visited boy's parents.
boy's parents visited girl's home and finalized the matter giving token gift(saree and gold ear rings).boy was not present that time.
then girl's father and chacha visited boy's place and girl's father threatened him("agar tumne ladki ko kabhi tang kiya to we can go to any extent and we can cross all limits")after listening this boy decided to cancel the marriage.they also went to his office and there is an entry there
now girl's father is putting pressure on boy & family

A walk alone (-)     20 July 2016

Ask your friend to be tension free. Girls family can't do anything. Ask your friend to return all gifts which they give.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     20 July 2016

The only case that they can file is a complaint under the dowry prohibition act.  However the same shall be avery weak case, as the marriage itself shall be in question.

Ask your friend to chill. No point fretting over something like this. Ask him t refuse to marry the girl. Central govenrment officers cant do anything to influence legal proceedings which involve the very basis of the nature of the offence being in question.

No point living in constant fear of being harassed. Ask him to show them that her is not scared of their intimidation. That should set them straight.

Arun Singh   20 July 2016

thank you sir.

In dowry prohibition act,what is the maximu trouble that can happen?can the litigation drag on for years?if filed, will the accused have to attend hearings every month?

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     21 July 2016

Litigation and the extent upto which it can continue depends totally on the allegations levelled and the way in which the same are tackled

Laxmi Kant Joshi (Advocate )     21 July 2016

as per to your given facts your friend didnt have to scared from them ,tell him record all the threats in his phone or if they  threats him  by visiting his house or office immediatrly lodge an police complaint against them ,they are mere threatening him , tell him be happy nothing will be happened , no case of any type can be registered against him .

Laxmi Kant Joshi (Advocate )     21 July 2016

as per to your given facts your friend didnt have to scared from them ,tell him record all the threats in his phone or if they  threats him  by visiting his house or office immediatrly lodge an police complaint against them ,they are mere threatening him , tell him be happy nothing will be happened , no case of any type can be registered against him .


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