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Sandy (csj)     04 February 2013

Doubtful wife

Hi,

This is Harry.

 

I am new to this forum.

Got Married in Sept 2010.

Wife was not having cordial relations with my parents so separated from them in July 2012. Have 2 younger brothers both unmarried.

After separation my mother in law went to my mothers parents(nanke) home thretening them and my parents that they will see them behind bars and put dowry cases on us.

But i continued living with my wife till dec 2012. Where she asked me to attend her brothers marriage in Jan13 but i denied as i am not on talking terms with them.

Now she is not on talking terms as neither i am calling her nor she is calling me.

I have not taken any dowry nor have i asked for it.

 

Only 2 questions arise

 

1. They transferred Rs.85000/- into my account through cheque so as i go for honeymoon to malaysia. Which i booked through my CC.

2. After i seperated from my parents they transferred Rs. 50000/- into our joint account .

 

Can this pose an implication later on if they file any dowry case against me and how to tackle it.

 

Thanks in Advance.



Learning

 10 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 February 2013

Well it in no way proves that you demanded it, and even if you did - you tortured or harassed in lieu of the same. Mere sending of money is not sufficient proof of a dowry offence. However it can go on to cosntittue one of the factors to prove liability. 

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

siranjeet (JE)     04 February 2013

ur bank account transection can become solid proof  of dowry given on demand as u can speak lie but document never...................

so u transfer it to ur wife account via only cheque/draft  and (never never by cash ) by saying is was istridhan and i returned it so no misappropriation of istridhan and hence no crime

istridhan-------------gift given to bride or bridegroom by anyone for sole use of bride or joint use


(Guest)
Hi Sirenjeet. I have a question of wife gave cheque to husband because he harassed for money. And also took debit card which got it blocked with the bank during the time of harassment. He started taking her to ATM to get money from her later on. And she knows what for and how the money was used. Can this come under the purview of dowry harassment? Taking money from wife's savings before marriage...does that amount to dowry harassment? Money was taken immediately after marriage and not returned till date. What is the fate of this case? One more thing if husband and wife both are working and employed. Husband has not given even a rupee to wife for her maintainance, saying that you are earning why should i give? Does this amount to cruelity on wife? Can husband take such shelter?

Msk-need -nuetral- laws (self)     05 February 2013

Ha ha.. so new people asking new definition of dowry. good, Bharath sir is right , as every demand is not deemed to be dowry demand as ruled by SC. Siranjeet, If I transfer 1 lakh to your account and complain in PS that you asked it as bribe do you think police will arrest it taking as an evidence? Same is the case here. Yes in some instances, courts take the cognizance of hefty money transferred just before ( highlight before) marriage as possibilty of dowry demand however that is to be supported by other valid evidences to constitute as evidence for dowry demand,

Charu,

both instances are neither dowry demand nor constitute cruelty, in fact working women is not entitled for maintenance, you know that?? Tomorrow you will say my husband took to movie and asked me to buy movie ticktes and call it as cruelty day-after-tomorrow.

 


(Guest)
You have misunderstood my query. In a case where there was demand for dowry and more over it was with a reason to harass mentally. Though the husband was not having any need of money. HE just wanted his wife to spend and exhaust her money. In that case i am saying and i am not talking of few bugs spent at hotels or movies. if the amount taken is in lakhs? Can any husband say that he just borrowed the money from his wife..to pay debts? Becoz... if he has borrowed ....he shud have voluntarily returned that money in couple of months. No intention is shown to return the money. Maintainance and liability under sec 125 what you are saying comes later. WIll you from day one of your marriage say that your wife is working you need not pay her anything ?? Even though she is earning is it not the moral responsibility of the husband to atleast enquire if she needs any money? Here maintainance or pin money can be as small as rs. 2000. Wife might be earning Rs.60 K pm also.

Found the Happiness (Enjoying)     05 February 2013

 

 

Ohhhh my God,

 

 

 

 

Why you people always trying to make issue out of that????? Dowry!!! Harrasement!!! What a bullsh**t!!!!!!

 

 

 

@Charu, Why you always changes the track?

 

 

 

@Harry, (author), No need to worry… I am 100% sure that they transferred this amount only for their self-respect & to show their generous behaviour….. There is no any game planning in their mind….She invited you for the marriage it means still she need you…. But only ego issue is disturbing your life….. Don’t spoil it more… make it very simple…. Don’t try to make it commercial/legal/etc…… Do the following:

 

 

 

1##  Request to her as well as your common relatives and go for the family meeting.

 

 

 

2##  In the meeting you neither please don’t show any ego nor try to prove how you are right, Remember you are not going to prove anything, you just confess that “Still you love her & want her, You would be most happy if she joins you..Thats it”

 

 

 

3##  If they blame you then too you have to listen because keeping quiet doesn’t mean that you are offender, It will show your maturity that you respect relation more than ego.

 

 

 

If you will go much more in commerciality/legality….. Then I am damn sure that you are on the way of 498A/DV…… Don’t listen to anyone else …. And save your marriage…. ALL THE BEST.

stanley (Freedom)     05 February 2013

 

@Found the Happiness

Where are you from by the way may we know .

There is a quote  when you are slapped on one cheek you should not retialate so tell me would you give your other cheek to be slapped :-). And than vice versa till your cheek's  go red and pink  :-)

Can you do it :-)

siranjeet (JE)     05 February 2013

Originally posted by : Mani-need -nuetral- laws


Ha ha.. so new people asking new definition of dowry. good, Bharath sir is right , as every demand is not deemed to be dowry demand as ruled by SC. Siranjeet, If I transfer 1 lakh to your account and complain in PS that you asked it as bribe do you think police will arrest it taking as an evidence? Same is the case here. Yes in some instances, courts take the cognizance of hefty money transferred just before ( highlight before) marriage as possibilty of dowry demand however that is to be supported by other valid evidences to constitute as evidence for dowry demand,

Charu,

both instances are neither dowry demand nor constitute cruelty, in fact working women is not entitled for maintenance, you know that?? Tomorrow you will say my husband took to movie and asked me to buy movie ticktes and call it as cruelty day-after-tomorrow.
 

then  tell me what is dowry, dowry demand and  what are evidences of dowry and dowry demand

amount/cheque deposited in account and u not bring it notice to police or bank authorities and utilised amount ---------- u think it great defence ?

 it is proof of dowry if girl side allege it dowry

 


 


(Guest)

 

Harry Paaji,

C man.......i feel 498a is coming up.......Her mom has already threatened your mothers parents that you all will be behind bars. Then what you r waitin for ? 

I wud suggest to play safe and try returning them this money.....If u want to keep it ur wish, but yes it can be proved that money was transferred to ur joint account. Arguments will fetch out results on this in courts......but to play safe, yes u shud or may return their money to avoid any complications.

And if ur wife has deserted u, u shud write a letter to local police informing that she deserted u, she never came back from her bros weeding and took away all her gold(if she did so) and u r nt at all concerned with her items as u guys r not in talking terms and also mention that she is nt picking ur call (if u hv already tried calling her).

Play safe......it will help u in future if she files 498a against u and u never know if she had already filed it at her place....:)


BR, Mani

Sudhir Kumar, Advocate (Advocate)     06 February 2013

They are free to depose that you demanded the money.  They have evidenc eof paying.

 

By the way do you feel that you were wrong anyway. If she requested you to attend brother's marrrige it appears relationstill then wer enot at dead end and your refusal made it so,

 

Try rocnciliation. Though you have to rake anticiaptary bail as well to make sur eyou are available for reconciliation.


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