Ramnarayan (NA) 13 May 2014

Fir dowry case before marriage

Around six months back while we were looking for brides for my younger brother (doctor by profession) we met a family and we thought she was right fit. My mother gave her some shagun (no engagement was done) at that time.

After a month or so since her father was a businessman asked us for financial help and my mom in good faith gave him some amount in cash to help him out. But after almost 02 months time we came to know that her father is wanted in a cheating case (420) with a bank and had not mentioned this to us.

However by then her father had returned some amount to my mothers account. But since we learnt about the case we cancelled the marriage. Now the girl and her father are trying to file FIR under 498a against my family using the account no and some sms's sent by my wife wherein she mentioned ' Apne papa se bolo paisa dal de nahi toh shaadi nahi hoga'. At our end we have messages from her where she said that she will kill herself if she is not married to my brother and that sorts.

We have tried to settle this through the social way but it has not worked. Please note that FIR has still not been registered though her father has submitted an application for this.

Can someone provide some good advice on how to progress on this.

Reply Follow

5 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice) 13 May 2014

Whether you have any evidence that you give .....amount to the father of bride..

Laxmi Kant Joshi (Advocate ) 13 May 2014

Visit to the S.P.police of your district tell your mother to narrate the whole story to him tell the S.P. that the brides father wants to extort money from you , ask relief from him , also submit the written complaint of the bride's father to The S.P or in the S.P.Office if you have the proof or clue of his fraud done mention it in your complaint , it reflects what sort of character he bears , take the receiving of your complaint .

Kapil Gupta (Advocate) 14 May 2014

You should lodge an FIR against them u/s 309 and for extortion.

adv.raghavan (Advocate,9444674980) 14 May 2014

I do not think 498A can be filed before marriage, with regards to second question, that the girl is threatening to commit suicide if the marriage does not take place, u can file case under 309 of IPC

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 14 May 2014

For charging someone under 498-A of IPC, the prosecution should be satisfied that the material on record should show the following:

i. That the complainant is a married woman

ii. That she is subjected to cruelty

iii. That such cruelty is with the view to coerce her or any relative of her to meet any unlawful demand of property.

iv. Or the cruelty is of such nature as to entice the women to commit suicide or cause grave danger to life or limb.

That the complainant has not been able to satisfy all of the ingredients of the said section of IPC, even if the complaint be taken as Gospel’s truth. The complainant was not married to the accused and hence does not satisfy the basic ingredient of the section.

1 Like