False dowry case

Jawahar Rayar (Querist) 24 July 2013 This query is : Resolved
My friend who is basically belongs to southern part of Tamilnadu working in a software company at Bangalore. Since his very first day of his marriage, his wife deprived him for sex. This matter was first brought to her mother then after to her father. But the girl agreed to her parent by not allowing her husband. When this is become an issue in their community (caste) circle, the girl family file a dowry case in the police station against my friend, his parents and his father’s brother and father’s brother’s daughter. My friend’s father arranging an advocate to bail-out his family. But the advocate negotiates to the girl’s family and arrived at an arbitrary amount of Rs.800000/- that supposed to give my friend’s family to come out of this situation and bailout the family. My friend’s family ready to pay the amount but it should be done through the court with proper accountability. Can anybody suggest the possibility of involvement of court in this matter apart from advocates and police.

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Kiran Kumar (Expert) 24 July 2013
for the purpose of Divorce involvement of court is necessary.

proper procedure has to be followed for the purpose of divorce, if being sought by the parties.

let the compromise be in writing only and the entire amount which has to be paid must be mentioned therein.

your lawyer will be able to handle the matter.

Jawahar Rayar (Querist) 24 July 2013
The police filed F.I.R against my friend’s family. They are ‘afraid’ to go behind the bars. The advocates are negotiating to bailout. My friend’s father is a retired school-teacher and friend’s father’s elder brother is a retired college professor. Since they are living the life with morality they are having less knowledge about the law, court, police procedure. They are simply tortured at the end of their life. Especially the college professor forcing his brother (school teacher) to pay whatever amount that the girl’s family demanding. My friend is crying like anything and sought help from his classmates. We never come across this situation so we could not help him. If we anticipate these kind of tragedy come across in our life, we may choose law instead if M.Tech/Ph.D from IITs. I already suggested him about the organization ‘Save Indian Family Foundation’ for proper guidance.

Devajyoti Barman (Expert) 25 July 2013
Ask them to get ready for anticipatory bail. if it is granted, then there is nothing to worry anymore.

P. Venu (Expert) 26 July 2013
Refusal to consummate the marriage is ground for seeking its disslution.

The amount of dowry is a question of fact.

prabhakar singh (Expert) 26 July 2013
A petition of mutual consent divorce should be presented in family court.

Parties should jointly seek Quash of dowry case in High Court.

The settlement amount agreed should be deposited by husband in family court on condition that wife could withdraw the same after MCD decree is passed by the court.