Dowry case

They will claim this as dowry and may try to register case u/s 498a and dp act 3 in which there is imprisionment of 5 years, You better to prepare some evidence for your safety.

Moreover, if they claim it as dowry, you need to register FIR against them u/s 3 of DP act because as per this act giving dowry is also crime.

Yes yes, file counter under sec 3 of Dowry Prohibition act.  More so, marriage expenses does not mean giving dowry.  What you can do is, return the marriage expnses and take mutual divorce.  wedding over Marriage also over. If proved you took dowry you go jail, if proved they gave dowry, they go jail, do no milke jail jao saath saath. 

https://www.thehindu.com/news/cities/Delhi/Bride-canrsquot-be-booked-for-giving-dowry-HC/article15786803.ece

Very wrong to file counter cases. In entire India, there wasn't a single case where girls side was convicted for giving dowry. Maybe sometimes charged but never ever convicted. Any transfer of money from girls side to boys side is dowry if girls side say so. Period. But if you can show it was for expenses, your sentence could be reduced to very minimum. Best is to just go for MCD without showing your fear (or else they'll increase demands) and close the entire chapter. Good luck.

The members who are on fantasy trip  First should read law.

Moreover, there is always first time.

What if opposite party refuse for MCD , are they saying husbans should go to jail.

The self proclaimed expert has not mention how to reduce the sentence.

I think Mr Sarma is saying first to go to talk MCD. if they don't agree then Quriest should plead guilty in court and go to jail with his whole family.

Not quite. I'm saying queryist should first try to settle issue through MCD. If that fails and girls side file case, he should fight the case by proving that amount transferred was not demanded as dowry, but rather it was for marriage expenses only (using bills, receipts and witnesses). Note though that I have heard at least two recent cases where husbands side was convicted even though they too claimed that money was transferred for wedding expenses only. In one case there wasn't even a bank transfer - only cash transfer. Yet with the help of relatives as witnesses, they were convicted. But I do firmly believe that filing counter cases is useless. I challenge anyone to show a SINGLE citation where girls side were convicted (not merely charged or arrested). Even experts advise that in this situation, husband should focus on getting out of case on him than focus on filing counter cases on girls side which is a costly and futile experiment.

How was the amount transferred, by cheque, by mail transfer, by NEFT, by RTGS or by any other means? If it was by cheque, who wrote and signed the pay-in-slip? It is claimed that the amount was transferred to your account. If so the one who pays is the active party and the account holder is only a passive party. How long after the marriage did they claim that they gave dowry?

If cash or cheque was given there can be a dispute whether the amount was demanded or voluntarily given. In the case of account to account transfer it can be claimed that it was a voluntary transfer and only the giver can be charged with dowry. The only fault on the taker could be that he did not return the money. It is an act of omission and there could be many reasons. It could be just a case lapse.  If at all, the giver can be charged with giving dowry.

Wedding means there will be expenditures and either party can meet the expenditures or both can share the expenditures. This is a clear case with bank transactions. No one will take dowry creating evidence such as bank transactions. 

There can be no evidence for a 'No."  There can be evidence only for a 'yes' and the yes here is bank transaction. You will win the case provided your lawyer argues the case properly

Check Sec 8 of DP Act. The girl and her relatives are immune from prosecution under Sec 3 of DP Act.

Originally posted by : RAJESH MAT
	Check Sec 8 of DP Act. The girl and her relatives are immune from prosecution under Sec 3 of DP Act.

Your understanding of the DP act is wrong.

I have already posted some judgements where prosecution was ordered by the court against girl and her parents

Prosecution at most. Never conviction. Courts don't operate inside a vaccuum. They know under what circumstances girls parents give dowry. I also disagree with the statements by Shri Ramani above. If there are bank transactions or cheques or sometimes even cash transfer, courts will see it as dowry if girls side say it was demanded, even if husband claims it was for wedding expenses. I know real cases where they did so. One of the victim husband posted his conviction story just a few weeks back right here at LCI.

Let no one assume the position of the judge or of the girl's lawyer. We have to advice the person who has come here with a query. The question will arise only if the girl's party makes a dowry complaint or goes to court. We cannot advice him to go to court and plead guilty. We have to tell him the points of defence available. Further decisions he has to take depending on how the case develops.

I partially disagree with Mr MPS Ramani . Only at the time of cross examination the truth can be brought out by an experienced advocate if the girl admits that this  transcation was towards wedding expenses .The author of the post should take a lot of time and interest in putting up questions for the cross examination to bring out the truth