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vic (working professional)     08 October 2013

False dowry case-trapped

Hi,

Today i have got a legal notice from girl's father that we have taken a dowry of Rs. 7 lakhs from them and have been fooling their daughter to extort money from them. They say that we took 7 lakhs while we exchanged rings. Real truth is that i never took any 7 lakhs from them, neither i exchanged any rings from the girl.Girl and i met through matrimony website and wanted to marry, but the girl's family scolded mine and does not want to marry. Now, they are demanding Rs. 7 lakhs, a letter of apology and a leltter that we will never contact their daughter. What can they do, in case i don't reply to their notice? There is no proof that i have taken any money from them. I called the girl and she also mailed me that she wanted to marry me and her parents never wanted it therefore they are pressurizing me somehow that i leave their daughter. what can be the legal complications to this?



Learning

 13 Replies

Manpreet (Manager)     08 October 2013

You can ignore the notice.But You should file a case of extortion against her father.If you donot file a case against him (You also have her mail) (But as per me its a group drama.)  he will surely keep on searching new innocent person to trap.

Sarvesh Kumar Sharma Advocate (Advocacy)     08 October 2013

Just reply the notice and don't make extra efforts!

ashoksrivastava (scientist)     08 October 2013

@ querist how old is your marriage? What is your wife's stand on this and how were your relation with her? Giving complete relevant information will help you get informed opinions. In the meantime send a reply to their notice through your lawyer with point to point rebuttal only at this stage. Regards ASHOK

Saurabh..V (Law Consultant)     08 October 2013

@Author

 

You should formally reply to their notice. If you do not respond it would go against you in the court of law.

 

It may be a tactics to threaten you from marrying the girl however, do not take it lightly. As far as I understand your case, you have just got engaged but didn't married the girl. so it is a good news that you are still in possession of your life else they may have already trapped you in 498a etc and you would be behind bars already.

 

Anyways! As per DP Act S.4, you could be framed in a criminal case but this parallelly put the criminal liability on the complainant as well because DP Act clearly prohibits and criminalizes giving & taking/demanding dowry. So if they complains that they have given this sum, they would be charged in default. Interestingly they do not have any other resort to pressurize you at this point of time, other than DP Act.

 

I think you should send a formal legal reply after consulting good legal consultant. In your reply you should reply to each and every allegation and demand of the complainant and your reply should clearly discard each and every line of the notice. If in case you fear further deterrent action by the complainant, you may take necessary steps.

 

//peace

/Saurabh..V

vic (working professional)     08 October 2013

Thanks to all.

Sir, I am not married to her, neither i got any ring ceremony done. It was just a informal "tilak" that they have put on me and have have given me and my father 2k bucks in return to 2k bucks, that my father gave to their daughter.I am in good relations with her daughter. She is helping me out in every way. The only thing, i am afraid of is that if they put a FIR, can police unnecessarily put pressure on me or disturb me?

Also,I have not taken any money from them. Infact i gave the girl's father gift, that i brought for him and spent lot of money also on travelling to their place twice.  

ashoksrivastava (scientist)     08 October 2013

Originally posted by : vic

Thanks to all.

Sir, I am not married to her, neither i got any ring ceremony done. It was just a informal "tilak" that they have put on me and have have given me and my father 2k bucks in return to 2k bucks, that my father gave to their daughter.I am in good relations with her daughter. She is helping me out in every way. The only thing, i am afraid of is that if they put a FIR, can police unnecessarily put pressure on me or disturb me?

Also,I have not taken any money from them. Infact i gave the girl's father gift, that i brought for him and spent lot of money also on travelling to their place twice.  

 @ querist you are lucky that your inlaws have exhibited 498a traits before marriage. In addition to your rebuttal send another notice through your lawyer that they should stop harassing you in order to put pressure on you to marry her when you don't want to.Immediately file a FIR with local P.S that they are harassing you in order to force you for marriage. Under no circumstance marry in this family. your wouldbe (not should be) wife seem to be hand in glove with her parents. its honey trap save yourself at all cost. immediately hire a lawyer and stay away from them at all cost.

regards ASHOK

dr.pawan rajyan (member and secretory)     08 October 2013

reply the notice.kept these email safe to use at proper time.regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 October 2013

You must reply to the notice denying all allegations.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

T. Kalaiselvan, Advocate (Advocate)     08 October 2013

I go by Shoney Kapoor.  Do not worry about nothing, a mere lawyer notice cannot be a cause for your mounting mental tension. Send a suitable and fitting reply through your lawyer denying all the allegations, inform them that you will initiate appropriate legal actions against them if they dont stop threatening or black mailing you.

vic (working professional)     09 October 2013

Thanks sir. the girl is also coming again and again and she is also sending notices to me, my company and my family that all allegations are false and she is saying in calls that she will help me out in every possible way, if her parents do so. Her motive is to marry.She tells me that her father is very rich person. Now, i don't  understand what they all want. Her father has demanded three things:1.) Rs. 7 lakhs 2.) not to contact her daughter 3.) a letter of apology. Please suggest, what all should i include in my reply. I will hopefully be getting the affidavit from his daughter.

vic (working professional)     09 October 2013

Also Sir, in the affidavit they have mentioned the charges that they are going to put on me, in case i does not follow to what he said. Here are the charges:

Section, 384,406,420,500,504,120-B , anti-dowry and then, cyber crime as his daughter shared his matrimony password with me.Please suggest me what can be the implications of all these?

Will the onus to prove that he has given me the money will be on him or will it be on me to prove that i have not taken any money from him?Can police arrest under these charges??

ashoksrivastava (scientist)     09 October 2013

 

Originally posted by : vic


Also Sir, in the affidavit they have mentioned the charges that they are going to put on me, in case i does not follow to what he said. Here are the charges:

Section, 384,406,420,500,504,120-B , anti-dowry and then, cyber crime as his daughter shared his matrimony password with me.Please suggest me what can be the implications of all these?

Will the onus to prove that he has given me the money will be on him or will it be on me to prove that i have not taken any money from him?Can police arrest under these charges??

@ querist when you will hire a competent lawyer you will realize that you were taking unnecessary tension. Immediately meet and engage a good lawyer without fail and you will be free of most of the tension. Advices which can be given on this forum have already been given to you.

regards

ASHOK

vic (working professional)     10 October 2013

Dear Experts, Thanks for all your suggestions. I met a lawyer here and he have said that it may be the case that girl's father files a case of section 420 which is a cognizable offence and i can be arrested. I want to know, is it possible that girl's father spends some money and i be arrested without any proof? Is it possible for him to intimidate judges also as he is a rich man? If this worst scenario arises, what the worst can happen with me?


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