Dowry demand and streedhan

What do you want to achieve? If you file dowry case under 498A divorce is 100% guaranteed one way or another. 498A is a criminal case, if you win the case boy will go to jail, if you lose the case boy will get divorce on grounds that wife filed false case on him. The case will run for 10 years in courts before any outcome. During this time boy and girl cannot resolve anything. Also neither of them can start new life with another person. You have to wait till they get old fighting in court. You want to file 498a case and you don't want divorce - these two are not compatible. If you want to save the marriage, don't file any case. If you want to break the marriage, file 498a case. You can settle the 498a case if boy agrees to return your money and then get get mutual divorce. This is the only type of out-of-court settlement in 498a.

For Section 498A, 406 IPC complaint to be registered against the husband and his mother the important things will be:

1. The transfer of Rs 23,50,000/- that was done by you after selling your property. This amount was given to him by you not as gift to him but on his demand as part of dowry amount. Attracts section 498A IPC along with section 4 of DP Act.

2. The jewelry worth Rs4,00,000/- that was given to your daughter as her Stridhan still in possession of the husband/in laws (confirm this) was not returned even after demanded back by your daughter as it is her Stridhan/absolute property in their possession. Attracts section 406 IPC.

3. The monthly transfer of Rs8,000/- to the account of the mother in law by your daughter from her salary account for the car loan installment that was registered in the name of husband. Attract section 406 IPC as the absolute property in cash of the daughter is being taken away from her and used for repayment of car loan, car that belongs to husband and is in his possession not her.

How far the Police will register the FIR I cannot say as nowadays the registration of FIR in such cases is not being done immediately and both parties are called for amicable settlement through mediation/conciliatory process.

In most cases the amount that is in question is made to be returned to the wife, both parties are told to settle their dispute amicably either to live together as husband/wife or dissolve their marriage by mutual consent.

If the settlement of divorce is to be done, the amount of alimony the wife (usually) is to be paid is also settled. It has to be lump sum amount that the wife can demand and the husband agrees to pay in one or more installment during the process of divorce but complete payment made before the finalization of divorce.

I know you are not looking for divorce in this case but after moving the criminal process against the husband/in laws, the chances of your daughter getting rehabilitated once again in the matrimonial home becomes minimal and only option left is to collect her money due from the husband on all accounts and move ahead in life as a free person.

 

I completely endorse the legal advice of Sh. Vijay Raj Mahajan.  Do not leave your Son In Law to go scot free.  Those are the worst creatures on this earth not just to suck the blood of wife and her parents but also rub the salt to the wound.  The most important piece of documentary evidence in your case is selling the plot and transferring the amount in his account and also your daughter's monthly contribution in her MIL's loan account.  These will clinch the issues in your favour.  As suggested, file a criminal complaint in the police station and watch out how expeditiously the police is going on in this matter.  If their action is not upto your expectation, then you can engage an advocate and file two cases, one is private criminal complaint under Section 498-A  read with  Section 406 IPC and also under Dowry Prohibition Act.  Next, you also file domestic violence case.  I do not see any successful mediation in this type of cases, once husband turns out that much cruel and avaricious and finally the matter ends up with divorce, if you like it or not.  But take care and engage only such an advocate who can understand the problem of the girl with sensitivity.  If you are in financial distress and not in a position to engage an advocate, your daughter is entitled to free legal aid counsel.  But my request is that do not leave that fellow scot free.

If what you have written is 100% true, you have a reasonably strong 498a/406 case. If you fight this case well, you may be able to send boy to jail. But your daughter's life will also be destroyed in the process, she will fight in court for long long time.

If you want to save marriage: opt for counseling between couple and positive methods to encourage reunion. Any legal remedy will backfire.

If you want divorce: fastest way for girl to get out of bad marriage is mutual consent divorce. Ask boy to return money and go for mutual consent divorce. If he refuses, file 498a case. He will most likely agree for compromise at this stage. Sign compromise, get divorce, move on.

I strongly disagree with Prabhakar Advocate. Going to seek vengeance via law in marriage matters is self destructive strategy. If boy decides to fight back the case you lose 10 years of your daughters life. More than 90% 498a cases end in acquittal. This case is easy to start but very difficult to prove in court. Before seeking revenge, dig two graves.

You have let your girl loose, and the girl is now finding trouble leading martial life.

Her husband asking dowry is a crime, punishable under law, 5 years jail term + 15,000 fine or both.  BUt do you know, giving dowry is also a crime?  You and your daughter can go to jail for giving dowry u/s 3 of DPA?

The wife giving her salary to her husband is not a crime, here she has given to her mother in law, once the marriage happens and girl goes into the boys house, does it not become her house too?  Is she there only to enjoy and not share the difficulties of the family?  You might not agree.

You did mistake by letting your daughter loose and roam, when you could spend money so much on her marriage, you could have as well found a prince charming for her, right?  You agree to marriage and dhaam dhoom marriage function, and now you want to file dowry case?

Why did you not file the dowry case immediately when there was a demand?  What was holding you then which is unholding you now to file a case?

On top of it you daughter does not want to take divorce?  You should tell this story to some other lawyer.

File it if you want to but whichever way I look at it your chaand ki gudiya will become a headache for life for everybody involved.

I suggest you to talk to the boy and his parents and sort the matter amicably without going to court.  Even if you ppl want divorce, go for mutual divorce.

Yes helping hand is correct.  Giving dowry is also as punishable crime as asking or taking dowry.  Be careful.

Many many thanks to  Sri Vijay Raj Mahajan  sir  and Prabhakar Sir, for their advise ... 

Sir..The couselling process went on for 5  months...during these periods ..many times the my son-in-law used to shout at  my daughter  on mobile  "  Come back I will see you   u r not worried about me  .."  and so on..like that ...He has created such an atmosphere that like terrorising her...Main problem is with  Mother-in-law ( As always she provokes  her son in some petty issues )  like trasfering  money for her car loan...She has income in her business, and through Rents she atleast gets  Rs. 1 lakh per month..only the thing is she want that my daughter should have  'Zero" balance in her account and she should beg her for the amount.... 

As Mr.Helping hand says...I have let mydaughter left loose and roam...sorry to say ...nowadays  it happens in the teen age...regarding giving dowry...it was not given at the time of marriage ..we thought a plot will help my daughter to have a house of their own ...giving gifts is not a fault  I think ?  ..that too for daughter..as you said  demand of dowry....No body asks dowry nowaydays DIRECTLY.....The greed become strong after marriage...in such type of marraiges..( like in this case mother-in-law has given ...one CRORE to her daughter...now  she is feeling ....

Any way I am thakful to the forum ..for their valuble Advise..but presently I have sent a message to them  two days  back  that   I am ready to send my daughter provided my son-in-law  and my daughter should live in someother  Rented house..  I am waiting for the reply..as this is the  IDEA of the mediator also...otherwise ....Last OPTION........once again thanks for the  FORUM......

 

Ignore the stupid advise of the 1st commentator who has deleted his or her account. My sister is facing the similar problem.We are not sitting back as my brother in law has not left us any option to spare him.

To helping hand- Dowry demanded after engagement and before marriage forces any father to budge to save his daughter's honour.Especially when the girl has younger sisters.One can call it Threatening ot blackmailing.

With such a populous country second in the race, a dowry demand before marriage?  You can as well file DP act case or simply cancel the marriage instead of encouraging such people to ask more dowry by accepting their relations.  Gifts etc are exchanged no matter what, it has been unspoke custom in this great country.  Asking repeatedly is warranted for DP act case.  But if such is not the case and there are adjustment problems to the core, better to take mutual divorce.  Laws in this country dont help anyone.  They are all eyewash, in the name of providing help to people in trouble, theft or dowry.

 

Settle amicably as it appears that there are severe adjustment problems which cannot be sorted out by way of mutual divorce, take divorce and find someone else who is from respectable family, love marriages dont work for simple reason that there is no respect at all.

Agree with views of Helping hand!

 

In arranged marriages one can understand but in Love marriages how come people agree to exchange dowry is something i have never understood, especially in this case where both boy and girl are well educated and independent financially. 

 

In many cases like the one in question, Before marriage there is exchange of money by freewill by both parties to show their status/class / richness/money power/to please relatives and society by exchanging costly gifts / 5 star hotel accomodations etc .......in short a lavish wedding, but once marriage goes kaput there is a realization that money spent is lost and on top of it there will be badnami in same class of people who were called for the lavish wedding. So the immediate step taken by girls parents  is  to get back the money spent  ( now it becomes Dowry) from the opposite party by using dowry laws and also claim  interest or premium (by way of huge one time settlement from the husband) ........... This mentality is sickening. 

 

Now, If the real problem in marriage is dowry then how will the issues between couples get resolved by living seperatley is again questionable and may not give favourable results........

"In arranged marriages one can understand but in Love marriages how come people agree to exchange dowry is something i have never understood, especially in this case where both boy and girl are well educated and independent financially""

The boy and his family are quite well stteled ...The mother-in-law has given her daughter to a highly qualified boy..gave more than One Crore of cash and property..10 years back.   So she is now realised she could have got  atleast 50,00,000 Lakshs or more as dowry....Actually the boy is totally under the grip of mother (widow),...and married sister...He is employed and mother is looking after buiseness..She is greedy after money...that is why she is after my daughter's SALARY...always want to make my daughter's  Account ...NIL..

 

"In arranged marriages one can understand but in Love marriages how come people agree to exchange dowry is something i have never understood, especially in this case where both boy and girl are well educated and independent financially""

The boy and his family are quite well stteled ...The mother-in-law has given her daughter to a highly qualified boy..gave more than One Crore of cash and property..10 years back.   So she is now realised she could have got  atleast 50,00,000 Lakshs or more as dowry....Actually the boy is totally under the grip of mother (widow),...and married sister...He is employed and mother is looking after buiseness..She is greedy after money...that is why she is after my daughter's SALARY...always want to make my daughter's  Account ...NIL..

 

Marriage, is marriage, love or arranged does not count much. One has to give 100% to the marriage like any other job.  You do 100% u get all benefits, road ahead is smooth.

Tell your 5 rs 5 crore rs story to someone else.  Girls life is like cloth stuck on thorns, u do urgency, it be torn.  Most marriages fail due to interference of parents.  What if you were not there at all, what would your daughter do?  Go for help to whom?  

 

I can clearly see that because of you your daughters life is getting spoilt due to constant interference.  Anyway its your daughter, your problem.  Helping hand born fighter have advised you correctly.  My colleagues also advised you correctly.  Its only point of view.  There are lakhs of fathers like you who I see in court, who agree that they should have sent daughters back to husband adjust and lead life, after a decade of roaming courrts.