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rajbha (engineer)     07 September 2013

Dowry demand by wife - need help

Hello,

I got married to a woman (she is working getting around 40 K and I am working getting around 120 K) who has 2 kids. (I dont have any of mine from previous marriage). It was a love cum arranged marriage, I knew her quite a long time. I told her clearly to her and her family, that I dont believe in adoption straightaway, I want a bond to develop between me and kids, and then I will adopt and she said ok to it.

After marriage, she started demanding adoption, she would fight me, abuse my parents, even threaten to kill herself (said will call police and send us to jail) , she was pregnant she said she will kill the kid, if I dont adopt the 2 kids. My kid was never born (reasons are different). During the time of her stay, I paid for everything for her and her 2 kids. I never asked to spend any money from her salary.

She went away to her house (3 months back), demanded adoption + flat in her name as a precondition to her coming back. I said no to flat (i agreed to adoption, for i thought why to ruin marriage because of it). She hired a lawyer, and then the fun part started. He threatened me, my wife filed a caw complaint (mentioned dv, dowry, forced abortion). I had a word with her, she took away the complaint, saying the reason of our fights was i didnt agree to adoption, security (flat)

She is again saying she will go in the court and file for divorce, for I still dont agree to her demand of flat (her father said, when the complaint was on, that deposit 20 lakhs in name of the kids), I said yes, for I wanted to save the marriage and then I realized marriage cant be a one sided affair.

So my question is - As per dowry act (courtsy - https://en.wikipedia.org/wiki/Dowry_law_in_India)

Section 4 of the said Act states:

4. Penalty for demanding dowry.- If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees. Provided that the Court may, for an adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months

Wouldnt her demand consider dowry, section 4 mention both bride or bridegroom

What steps can I take (I am ready for adoption, but there is no way of stopping her from doing the same thing again on some other pretext)



Learning

 5 Replies


(Guest)

No you cannot claim it as dowry demand.

All you can do is get rid of her. Take divorce. Dont give in to her demands.

Why did u marry a divorcee? Insecure b*tches

rajbha (engineer)     07 September 2013

Still dont understand why, its not called dowry.

Definition of “dowry”.—In this Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly— (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before 1[or any time after the marriage] 2[in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. Explanation I.— 3[***] Explanation II.—The expression “valuable security” has the same meaning as in Section 30 of the Indian Penal Code (45 of 1860).

 

If I had asked for this, definitely it becomes dowry, section 4 is gender neutral, definition of dowry - doesnt talk about party (again then gender neutral), so why her demands not considered dowry


(Guest)

Dear Brother,

Sec-4 of dowry prohibition act 1961 which you have mentioned here is a generic question of demand of any cash,any articles or any valuables from either side of bride/bridegroom before/at/after marriage or bride/bridegroom itself.

As per your query your marriage has been perfomed and the adoption related dispute is ahead with your marital life which is urging her to ask residence for her in legal terms and not as dowry.So,here asking of flat will be not considered as dowry.

If she would have directly asked about cash or any valuables or any properties before final settlement of divorce on her name in lie of continuing marriage then you could called as dowry harrasment.

 

My concerns Vs your concerns:

 

1. If you want to drag her in dowry case but don't want to give divorce,it's so strange why?

2. If you are not willingly accepting her childrens from pre marriage then why you are taking headache to adopt the same?

3. If such lady is concerned about flat and adoption and no gurantee that her wishes will stop then why don't you stop and let her to file for divorce?


(Guest)
Better to face the courts for few years rather than screwing rest of ur life with her....for further question call me at 09711259959

unfortunate victim (owner)     08 September 2013

very bad story of you.unfortunate one.dont worry call save india family member nearest to you or Mens rights association member nearest to you.you can search on google search or facebook


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