Demand of dowry and unwillingness to marry.

Querist : Anonymous (Querist) 09 October 2010 This query is : Resolved
Dear Experts,

It is alleged by wife that the husband was unwilling to marry the wife and was forced to marry her. In the same petition it is also alleged that the husband demanded huge dowry.

Arent these allegation inconsistent. How can a person unwilling for marriage demand dowry to consider the marriage. Can the pleading of unwillingness be struck off due to the inconsistency.

please clarify.

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Amita Chaudhary (Expert) 09 October 2010
why do you want the unwillingness to marry to be struck off get the demand of dowry pleadings struck off... well its good for you that the stand is contradictary, you have ample scope to argue now that the petition has been filed only to harass and as and afterthought at the final hearing but do take up the plea of contradictary stand in your written stand...

R.Ranganathan (Expert) 09 October 2010
You first clarify for whom you are asking the opinion. For wife or husband

Querist : Anonymous (Querist) 09 October 2010
dear experts wife is seeking annulment of marriage on the ground that husband was forced to marry her. In light of the inconsistency inthe pleadings the ground of unwillingness need to be struck out. Husband has field RCR.

B K Raghavendra Rao (Expert) 09 October 2010
I put you this proposal: Husband was not willing to marry wife because he had a good offer of dowry from the parents of other brides. Therefore, he wanted to get huge money from the present wife and so made a demand for huge dowry. Where is inconsistency in this situation. It could not be stated that the pleading is inconsistent merely because he was first unwilling marry her and at the same time demanded more dowry from her.

Querist : Anonymous (Querist) 13 October 2010
This is called decoration of pleadings. Why should there be improvements in allegations beyand what is pleaded in the petition.

It is not pleaded that "he had a good offer of dowry from the parents of other brides".

Why are you twisting the story.

Once again the inconsistency is not cured. If there was better offer for dowry and the husband wanted only dowry then why should he marry her leaving the brides with better dowry offer and if the husband was only greedy of dowry alone.

Dear mr. Raghanvendra Rao, answer only the question, court is not going to improve or decorate the allegations just bcos they are inconsistent which are not maintainable.

Querist : Anonymous (Querist) 06 May 2011
I would also like to point out the non-maintainnability of this proosal by Mr. mr. Raghanvendra Rao.

>> I put you this proposal: Husband was not willing to marry wife because he had a good offer of dowry from the parents of other brides. Therefore, he wanted to get huge money from the present wife and so made a demand for huge dowry

A demand of dowry can be made only for the consideration of marriage be it is made to one or many other brides. Definition of dowry should be kept in mind. once if allegation of dowry demand is made it cannot be said that there was unwillingness for marriage. Just to implicate innocents nobody can mis-interpret law.

Arif Iqbal (Expert) 02 June 2011
Husband's unwillingness to marry is not a ground for divorce. However cruelty by demanding dowry is a good ground for divorce.

I do not think your pleas are inconsistent to effect the merit of the case. The CPC does not prohibit a party from making tow or more sets of allegations. A party may rely on several different rights alternatively, although they may be inconsistent. It is open for the parties to raise even mutually inconsistent pleas and if relief could be founded on the alternative plea, it could be granted.

You may refer to Arundhati v. Pandey, (1994) 2 SCC 29

Demand of dowry and unwillingness to marry.

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