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Venkatesh N (Salaried)     05 November 2013

Is marriage expense transferred by girl's side termed dowry?

Hi,

My wedding was conducted at my place and we made all the arrangements. The girl's parents agreed (verbally) to bear the marriage expenses. They transferred X amount before marriage and Y amount after marriage to my parent's account towards marriage expenditure. Can they claim that as dowry???

There was no dowry given or taken in my marriage. But there is no written proof only witnesses(relatives). Please suggest what can me and my family do to protect ourselves as we are facing a threat. Thank you.



Learning

 11 Replies

fighting back (exec)     05 November 2013

when they were ready to bear the expenses, why was the amount transferred to your account???

any valid explanation do you have?? even though you can shout from the top of the roof " i have not taken dowry" , but in your own account, money has been transferred to your account, now, what is the valid explanation that you intend to give in court? even i am interested to hear

you can be directly accused of taking dowry, because the transfer is directly reflecting in your account, you almost seem trapped.

best of luck
 

Laxmi Kant Joshi (Advocate )     05 November 2013

handle The matter amicabilly otherwise you and your family will become in a big trouble , you have no proof that The amount which your fil deposited before and after marriage in your account is for marriage expenses , wilfully given to you by your father in law .

Venkatesh N (Salaried)     05 November 2013

Sir, they are fm Kerala n we fm Andhra. It was not possible for them to make arrangements in my town. So we took the responsibility of setting up everything. And they transferred money so we could make the bookings etc. and pay the remaining bills after marriage. I understand I am trapped. But can't we tell court that had it been dowry why did they pay it in the first place, they could hv declined in the begining. And why would we take money in our account if we had to take dowry. And secondly isn't giving dowry an offense as well? I know I am trapped but I'm being honest and falsely implicated due to a broken marriage. I'm ready to fight as I haven't done anything wrong. Please guide if there's anyway I could prove my innocence. What are the chances of me getting acquitted if 498a case is lodged against me. I have call recordings where they are asking for marriage expense back. Thanks for your comments.

(Guest)
Originally posted by : Venkatesh N
Sir, they are fm Kerala n we fm Andhra. It was not possible for them to make arrangements in my town. So we took the responsibility of setting up everything. And they transferred money so we could make the bookings etc. and pay the remaining bills after marriage.
I understand I am trapped. But can't we tell court that had it been dowry why did they pay it in the first place, they could hv declined in the begining. And why would we take money in our account if we had to take dowry. And secondly isn't giving dowry an offense as well?
I know I am trapped but I'm being honest and falsely implicated due to a broken marriage. I'm ready to fight as I haven't done anything wrong. Please guide if there's anyway I could prove my innocence. What are the chances of me getting acquitted if 498a case is lodged against me. I have call recordings where they are asking for marriage expense back. Thanks for your comments.

Nothing to worry, marriage expenses if were shared, can only be put as marriage expenses only and nothing else.  Either they gave in cash or they wire transferred the money is immeterial.  Even if they claim that money given for expenses as dowry, it wont stand.  Either they should have already did hullabulloo about such dowry etc then n there itself and not now or later.  Even if they do, it cannot be proved that it was dowry, for that you need to have valid VAT bills to save your arse, produce valid bills and you are safe, but it will be a lengthy process to come out from.  I am against dowry giving and dowry taking, but in present time, one should be very cautious about what they recieve from other party that to if one recieves money  via cheque or wire transfer its really a foolish thing to do.  My advice to those who share marriage expenditure, better recieve such money in cash and give a receipt stating the same.

1 Like

Venkatesh N (Salaried)     06 November 2013

Thank you helping hand. Would like to mention that as per the mutual agreement before marriage the girl's parents agreed to bear the complete expense of the marriage. I've got most of the the bills for the payments made.

Aazad Sufferer (Advocacy-Family and women oriented laws)     15 November 2013

My common Guideline on DPA 1961 when Husband is getting threat of Dp 3 & 4:

 

Dear Querist,

 

1. Proving U/s 3 & 4 DPA 1961 will lead them to be accused by their own net..

 

2. Produce all the bills of those expenses and keep intact.

 

3. If an amount is been given and the said amount which is transffered as streedhan or retruned within 3 months to giver is not termed as Dowry.

 

4. Here the amount which has been given by them is already been invested in marriage and I guess a part of it would have been given to her as Jewellery that it self count her streedhan.

 

5. Giving amount via...cheque,DD or through any transaction which is on record itself shows that the party has given willingly as a sign and consent is needed for such transaction, so here your FIL can't say  that you had forced him like black and blue to do such an open transaction.

 

6. The above point itself shows that whatever the transaction been done was an open and mutual transaction without any force,fraud or coercion..so,A good aggressive lawyer can easily thrash all the allegations of your FIL if he turns on any stupidity to count that money as Dowry.

 

7. And suppose if he is damn adamant that no...I have given him dowry then never think for second thought just Book him by recording the same statement and charge him for same section under 3 & 4 DPA 1961 For the punishment maximum upto 5 years. , along with criminal concipracy case on him U/s 35 IPC.

 

8. Once you will do the above.....Your great and Biggest Fool father in law will come to you and have amicable talk after that ....What to do My SIL as we both been booked now.....Let's go and have fun in Jail

 

9. No....!! my dear freind it is not as simple bcz every body doesn't like to sit behind bars so most probably he will agree for mutual settlement and this is what .....this type of cases ends with mutual settlement.

 

10. Keep boosting yourself to fight against these Legal terrorism and never Bow down on any such things which not made for your morality and inner soul.

 

regards,

 

Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism.

 

 

Group:https://groups.google.com/forum/#!forum/498asaviours

Email: everysuffererisasaviour@gmail.com

                              AND                                 

Blog:https://everysuffererisasaviour.blogspot.in/

The value of freedom is measured by the cost of struggle,If you need freedom then you have to become a fighter ….as no other option.

 

2 Like

Venkatesh N (Salaried)     21 November 2013

Thank you for your reply and a big moral booster Aazad Sufferer. I will definitely use this section to counter him if the greedy moron claims it to be dowry. Applied for the group membership. Thanks again.


(Guest)

Have u heard printing press? Get all bills ready. We Indians produce fake medical bills to get tax deduction then apply same idea. Chill buddy.

1 Like

joseph (doctor)     03 July 2016

Same is the case with me too...when my FIL approached me with marriage proposal I hesitated bcoz I have my educational loans to b cleared and I being doctor aiming for postgraduate studies and also I said I can't bear marriage expences as iam from middle class , he is retired excise dsp and wanted a grand gala marriage.then he convinced me that he will pay the loan,give money for marriage expences if that's the only thing making me hesitate to marry his daughter...so he transfered money to my account and of which half was used to clear my loans,half was spent on marriage...after marriage he insisted me to leave my parents and reside at his residence with my wife which I rejected and he made my wife file 498a,and case on dp act...now how can I b saved of this mayham he planned on me...I have his daughters cal recording saying the cases were to threaten me only and cases are false...pls suggest me how to counter this bank transaction,to what extent this cal recording helps me?...pls help...

Khush   03 July 2016

Well, now because there are transactions, the onus in now on you to prove that it was not dowry..............why why why u asked them to transfer in ur accoutn.........................................................

innocenthusband   11 July 2016

You can fight back by saying that he purposefuly transferred money for the purpose of tax evasion. Hire a lawyer, they know how to draft your case in such a manner that your FIL will have to come up with some real reasons to teach you a lesson. Simply because a person transfers money to your account doesnt become the basis of the the recipient being considered as a fraud.

Also, I notice that you have mentioned "He made my wife file 498a,and case on dp act". So your so called loving wife couldn't stop her dad. What a tragedy. 

Do try to understand that you have married a family of cheats. Your only option now is to get rid of them by filing various cases against them and also filing the divorce case. 

Remember the golden rule. Once you have a 498A on you, divorce is the only option. If you try to dodge divorce, it will manifest in some form or the other and destroy your life. Save yourself while you can.


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