I am placing this query on behalf of my Cousin Brother.
Vivek (NA) 12 November 2012
I am placing this query on behalf of my Cousin Brother.
Chetan Joshi (Advisory/Advocacy) 12 November 2012
Hi vivek....
First of all as a matter of fact the Dowry laws in India are biased and I have no choice but to agree on it...
I understand that it will be easier for you to pay in installments but the money demanded by the bride's side is not unfair, they did incur expense and so did you. But unfortunately the marriage didnt work out.
What amount to Dowry is the valuables which are demanded as a precondition to marriage which is not so in your case, yours were gifts but will you able to prove it???
Being a legal enthusiast I would have fought my case but I will suggest you to settle it without litigation..
And next time when you get married ( I wish ) Please do have a written proof that the articles exchanged are ONLY GIFTS...
Regards
Chetan(dot)7679(at)gmail(dot)com
Vivek (NA) 12 November 2012
Hi Mr. Chetan Joshi.
Thanks for immediate reply.
May I apprise you that the Bride's family did not incur major expenses because they did not got their House Renovated. Whereas, the Grooms family got the entire 2 storied house painted and constructed additional penthouse so that the couples can reside in it.
The Groom's family did try to convince for staggered payment, but the bride's family are obstinate and threatning to compalin in local police station.
And as you know, police always favour the bride's family.
Had the bride's family did not propose marriage in the first place, the Groom's family would not have incurred the expenses at all. I guess, the Groom and his family are victim here.
I would appreciate additional inputs.
Sanjeev (Lawyer) 12 November 2012
The money that would have been spent on renovation by Grooms family is in no way liable for been given any credit for ..so the groom family shall return the amounts due to the brides family immediately. The question of instalments dont lie the reason is that the type of bad relations that would have resulted due to cancellation dont leave any room for any future communications between the families and they would not trust the grooms side that they would return in instalments.
Its wise not to get into legal hussle and the amounts should be returned back. If they resort to legal action the grooms side would get entangled in Dowry charges that would prove deadly.
Ideally the money should be returned any prudent person would say so without any bias.
And if these criminal cases start you would spend more on BAil security for all named plus the lawyer charges and tension ehich would be much less than paying back the amount they are asking that they spent.
The house is yours any money spent is on your own property and ultimately you would reap the benefits either by renting or use it when the Groom again gets married. There is nothing to loose.
Vivek (NA) 12 November 2012
Hi Mr. Sanjeev.
Thanks for your reply.
I can understand your point.
But you see the Groom's parents had no intentions of getting his son married in the immediate future. But, as the marriage proposal came from the bride's side, and as the couples are cousins, it was a happy decision for both the family.
The House construction, Renovation and Extentsion was done only after couples engagement and after marriage committment. The Groom's family never thought that the marriage would be called off.
There was plenty of time for the Bride's family to cancel the marriage, but they chose to cancel after all preparations were done and the marriage was due in a couple of weeks time.
Proper judgement should be done.
People, always assume that complaints from Bride's family are always genuine and valid. But that is not always true.
And, by the way, the Groom's family is happy that the marriage has been called off, because the true colours of Bride's family is out. In this case, my cousin (the Groom) is saved from a miserable life.
Would appreciate valuable inputs.
Sanjeev (Lawyer) 12 November 2012
No more inputs when the marriage did not take place you owe the amounts gifted by girls side back...no deduction to be claimed for your house construction this is no valid point they dont owe you any money to construct your house.
There is no such provision return it now or face legal action - These are the only valuable inputs I have for you.
You want to hear any body here to agree to your point of view you wont find anyone. Read some dowry posts on this site and you would know how people are suffering. You are at a stage where you can avoid this and move on but with this attitude I am sorry you would land in big trouble. So only suggestion for you is return the amount due and forget it instead of finding faults in the Girls side. Its good to resolve when there is scope to do so ..once things get out of hand and police and courts are involved you wont get this chance and I bet you would pay double the money which you are unwilling to pay now.
Wait for other comments and decide. My words may seem harsh but this is the truth and laws are so bad in these charges that you wont know what to do when you get entangled.
Chetan Joshi (Advisory/Advocacy) 12 November 2012
Make up your mind to narrow this discussion to a concrete point......We all empathise with the groom....