False dowry case before marriage

First of all what confirmation is available about the heart ailment of the girl with whom you had roka?

As the present Law under 498 A is  against the husband  and  as of now you are not of this girl’s Husban hence you need not worry much. Sit with the father of the girl and try to rescue them from the dilemma they are in first the daughter of their who was about to be married has got herself out by hit wicket, secondly   these fellows have lost lot of hopes for finding another bride groom thirdly you are saved from lot of difficulties in your future life so if your enquiries as regards ailment of girl turn out to be wrong sit with the parents of the girl and revisit the decision of not marrying this girl after all what would have happen if this ailment is discovered between the spouse after the marriage and that to the bride groom. No hard feeling please.

Capt Gurvinder Singh, Advocate

Mob: 09314142509/ 09999555726

jaimeet_2000@yahoo.com

www.captgurvindersingh.com

Well, the efforts to speak to girl's father has gone all down the drain. He just keeps on saying he needs 10 lakhs. That is what he needs even though he has spent not more than 2lacs. I have the documents of girl's heart ailment. Will it be considered a proof by court that things were concealed from me before roka ceremony ? 

Mr. Abhijeet,

If you have evidence to prove that she suffered from heart ailment and had taken treatment for the same, this is a very good and substantial evidence to prove your case that the girl's side suppressed the fact material to the marriage hence your side decided to cancel the same on discovering it before the solemnization of marriage. The burden of proof for giving dowry amount of rs. 10 lacs lies on the father of the girl., so after taking anticipatory bail, go contest the case and get it dismissed. 

nothing left to add, agree with the experts

Sure, I will. thanks a lot.

There are relevant responses in another similar thread of this forum:

https://www.lawyersclubindia.com/forum/Before-marriage-is-498a-is-applicable-please-help-me-75675.asp

In case of dowry before marriage can the girl get married while the case is still in court?

@lavanya ji, if the marriage did not happen at all then within the court case she can get married. but all that will depend upon all her written submissions before the court. kindly sit with some learned person & get him/her to read all the documents A to Z only them come to a conclusion.

Originally posted by : Lavanya Dayal
	In case of dowry before marriage can the girl get married while the case is still in court?

Yes

I have still not got the hang of the question. If I understand correctly, the girls father is asking for 10 lakhs and threatening to file a case of dowry demand otherwise. 

In such case the only recourse which the father of the girl is to file a case under Section 4 of Dowry Prohibtion Act, 1961, which entails a maximum punishment of upto 2 years. 

The said offence is bailable. So there is no threat of being arrested in the said offence.

In the instant case, you can record the demands of your would-have-been FIL and file a case of extortion against him.

He has at a very disadvantageous position but still able to subdue you. The scenario is worrisome and shows how frightened we become at the very mention of any law related to dowry.

Regards

Shonee Kapoor

www.shoneekapoor.com 

oh I am so sorry, I did not realize that Lavanya has added a query in a very old thread. The answer to question of Lavanya is YES.