Wifes money transfer to husband

Kashmir singh (Querist) 04 August 2018 This query is : Resolved
If a husband uses wifes money with here concent , or have loan on her name and build house on husbands moms property , and money is tranfred through bank later wife claims it was forced . Does it come under dowry

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Vijay Raj Mahajan (Expert) 04 August 2018
No, dowry is transfer of funds in relation to marriage before or at the time of marriage or there after under the Dowry Prohibition Act.
The funds transfer during marital living together is covered under s498a IPC if for that the wife was forced by the husband or his relatives.
The transfer of fund by sweet will without any force or fraud by wife is not act of cruelty u/s498a IPC.

Guest (Expert) 04 August 2018
You go to kanyakumar and find new kanya and enjoy life. All these things to prove in court will take 20 years. You will ultimately file for divorce and that you will get afteter 20 yers. Instead of that take mutual divorce and end the matter now itself. if you want to be happy and peaceful.

Sudhir Kumar, Advocate (Expert) 05 August 2018
If it can be shown that the wife was made to part with the money as consideration of continuing marriage (which happens with many working wives) the it becomes dowry.

Sri Vijayan.A (Expert) 05 August 2018
It is not dowry.
i endorse the view of Expert Sri.Vijay Raj Mohan

Sudhir Kumar, Advocate (Expert) 06 August 2018
contribution to family expenses is no dowry.

If contributed heavily for purchase of property which is not in her name even still it may not be dowry unless it is established that she was

(i) compelled to contribute.
(ii) compelled as a consideration of continuing marriage.

Then it is dowry.

Sudhir Kumar, Advocate (Expert) 06 August 2018
It may be better if you narrate full facts so that forum can understand your problem in details.

Dr J C Vashista (Expert) 06 August 2018
Is it a real problem or a question paper?

Kashmir singh (Querist) 06 August 2018
Full nararion. Sir i was married in Dec 2014. Im sc n my wife is rajput gen. with in frst month she forced me to live alone in rented home leaving dependent(no income) ailed parents. N left with in three months. In btween she came once in aug 2015. Their prnts never came for negotiation. Then in sep2017 aftr almost 3 yrs me my wife n my frnd and here wife , all four had meeting for negotiations( no parents involved) negotiated that i wil seprate her but on frst floor. And we both agreed and she contibuted about 3 lkhs by acount trnfer with loan and me n my or ts contributed 5 lkhs. Now she again refused to settle on frst floor and insted for rent home away from my parents. Now she filed 498a showing that amount trnfr is dwry. I have my frnds as witness. This is full scenario

Kashmir singh (Querist) 06 August 2018
She dsnt want to live with SC family. And alwsy wanted to live sepratly. And she abused me by my caste n my prnts were abused 2.

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