Dowry
Sonu Panchal
(Querist) 20 February 2018
This query is : Resolved
Respected Lawyers
My sister's marriage has been cancelled bcz the Boy and his family were asking for lot of money and car. Our all the preparation s of marrige were almost completed.Even most of the marriage cards has been distributed.So I want to ask you Under which act we can file a case against them.
Could it be IPC 498? If any better suggestions pls reply
Raj Kumar Makkad
(Expert) 20 February 2018
In the given facts, invoking section 498A IPC is effective remedy apart from filing of civil suit for the recovery of entire expenses which you had to incur for the preparation of the marriage which was scheduled for a particular date and has now broken due to demand of dowry.
Guest
(Expert) 20 February 2018
Vague query with miserly description of the case.
Guest
(Expert) 20 February 2018
In the absence of the appropriate background of the case, the query seems to be of an academic nature, which does not deserve any advice.
A crucial question arises, who cancelled the marriage and what proof you have in possession in support of your case?
Vijay Raj Mahajan
(Expert) 20 February 2018
The query is with regard to cancellation of marriage on the ground of dowry demand, it means there was no marriage yet than how come anyone suggesting section 498A IPC can be invoked in the present case.
Section 498A IPC states: Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
Now coming to the issue of dowry demand once again, if you have sufficient evidence with regard to dowry demand, you can file FIR against the groom side under the Dowry Prohibition Act but that too could be done at the time when such demand was made, after cancellation of the marriage this ground will be considered as after thought and may not sustain in the court.
The bride side suffered financial looses and embarrassment in the society for which civil suit for damages and compensation can be filled against the groom side, but here too the real ground for cancellation of the marriage will be paramount important for the groom side will bring in their own financial losses and embarrassment in the society in defence along with some other ground for the cancellation of marriage because of the bride side and not dowry demand as real ground for this. The counter demand of financial losses by the groom side cannot be ignored in their defence in the civil suit.
Guest
(Expert) 20 February 2018
Good, Mr. Sonu Panchal has now got his better suggestion to solve his law school exercise without replying the questions of the experts!
Kumar Doab
(Expert) 20 February 2018
Dowry is social evil.
You can benefit from the posts of Mr. Raj Kumar Makkad, Mr. Vijay Raj Mahajan and points shared with you towards your query.
Kumar Doab
(Expert) 20 February 2018
Meet Dowry Prohibition Officer, Police Official in nearest police station and approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in such matters and having successful track record…
If you wish, post back what is advised by them.
