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Mahindar (Tech Engineer)     23 October 2013

Getting threats of false dp act and 498a

Hello Experts,

Its been 2 years 10 months of arranged marriage. But 2 months earlier had some quarrel with FIL and wife left with him. Relations with her was always fine....but in the last 4-5 months...some over involvment of my FIL in my family matters...got things tensed
Now getting threats of Dowry and 498a cases. Its becoz of my FIL abusive behavior this marriage is about to break, and he is not willing to listen anything from anyone...so egoistic.

1 month prior to our marriage,, we received some money(around 5.5 lacs) in draft, for arrangments and show off. We we spent every penny in huge arrangements. I am from delhi, wife from Maharashtra....but marriage organized at wife's village in third state. Spent handsome amount on wife's jewellary and Baaraat show offs.....

But now this threat is severe, as the transaction is in draft. What can I do. How can a mutually agreed transaction turns into dowry after 3 years ?  I wasn't aware of these Laws, so didn't maintained any proofs....of course I was not thinking 498/DP during marriage. But they had this planned well before. Just after marriage...my in-laws turned abusive and authoritive....coz they had this proof to implicate us. But never thought in this legal way....we always saw this as their personality problem.

Is there a way to prove his claims false....I will keep u answering to your further questions...please advice a defence !



Learning

 8 Replies

rajendra (na)     24 October 2013

Hi, Normally they will keep 498A along with DP ACt 3 & 4.Its a standard template which they will follow..

apart from that they will launch different sections 406,506,34..etc..

First get the AB bail for all ur family members and for u for a case which is not registered.

Contact a local SP along with your family and launch a complaint saying false dowry case..

Ask your FIL to come for mediation and take a secret video of that for evidence..

if your FIL says that u accept dowry then he also will be in trouble..

He will launch the case against you saying you are asking for more dowry....

Speak with your wife if she interested to come back or not...if your wife not listend to your word then no point of waiting...speak with them and propose for a divorce and go on...

don't worry about the proof and its nothing....Even my FIL is also having the proof that he had given dowry...but what he will do with that..

 

Mahindar (Tech Engineer)     24 October 2013

I was suggested by some victims, that no matter what your Lawyer tells. There will be conviction.

If your In-laws got proofs, which can be shown as dowry....Conviction is Sure !

Experts, what say ?

And since, the in-laws have raised a voice first, they are safe from DP act 3.....you can't do anything against them.

Reformist !!! (Other)     24 October 2013

Mahindar,

The advice given by Rajendra covers most of your queries.

Well in which state ur case is ??? For more details on conviction in such cases, let me tell u the conviction rate is only 2%. You can check this yourself at NCRB (National Crime record beaureau) website.

Better pull ur socks up, gear urself and be ready to fight ur case. We are always here to help you.

Mutual understanding of 5.5 lakhs cannot be termed as a dowry........ U need to prove this during their cross examination. be a part of LCI, we will keep on guiding accordingly. 

rajendra (na)     24 October 2013

Dear Mahindar,

                            How come conviction sure?

                            Do you think marriage will happen without gifts or without spent money ....if your Father in law says he gave dowry...he will be in trouble not you until unless u accepts u accpeted dowry willingly....

                           Conviction rate for 498A is 2% and also anytime you can compromise....

                           Don't worry about this false cases...nothing will happen...i would suggest you to attend SIFF meetings or contact SIFF member do aviod fear in you....which this is the right for you to understand how the judiciary works and how it will be...
      

                       after a year your FIL will fallon your legs and ask for MCD(mutual consent divorce)..most of the cases will be settled before judgement...

                      Be patient at the moment and relax yourself....don't think too much about this..

Good Luck


(Guest)

Dear Querist,

 

1. Proving U/s 3 & 4 DPA 1961 will lead them to be accused by their own net..

 

2. Produce all the bills of those expenses and keep intact.

 

3. If an amount is been given and the said amount which is transffered as streedhan or retruned within 3 months to giver is not termed as Dowry.

 

4. Here the amount which has been given by them is already been invested in marriage and I guess a part of it would have been given to her as Jewellery that it self count her streedhan.

 

5. Giving amount via...cheque,DD or through any transaction which is on record itself shows that the party has given willingly as a sign and consent is needed for such transaction, so here your FIL can't say  that you had forced him like black and blue to do such an open transaction.

 

6. The above point itself shows that whatever the transaction been done was an open and mutual transaction without any force,fraud or coercion..so,A good aggressive lawyer can easily thrash all the allegations of your FIL if he turns on any stupidity to count that money as Dowry.

 

7. And suppose if he is damn adamant that no...I have given him dowry then never think for second thought just Book him by recording the same statement and charge him for same section under 3 & 4 DPA 1961 For the punishment maximum upto 5 years. , along with criminal concipracy case on him U/s 35 IPC.

 

8. Once you will do the above.....Your great and Biggest Fool father in law will come to you and have amicable talk after that ....What to do My SIL as we both been booked now.....Let's go and have fun in Jail

 

9. No....!! my dear freind it is not as simple bcz every body doesn't like to sit behind bars so most probably he will agree for mutual settlement and this is what .....this type of cases ends with mutual settlement.

 

10. Keep boosting yourself to fight against these Legal terrorism and never Bow down on any such things which not made for your morality and inner soul.

 

Thanks & regards.

 

Mahindar (Tech Engineer)     28 October 2013

Thanks all for u inputs and courage. But here let me remind u, in trail court, no one will listen to Boy side. You have a high chance of getting convicted. Also, did u ever saw a girl's father getting convicted in DP Act ? I think it happens once in a blue moon.

Also, 2% conviction rate is for 498a.......But what about DP Act  3?  What's the conviction rate of DP Act 3.

In my above case...i m not worried of 498a as I have some proofs.......I used to took her for tour/sightseeing often...have pictures too. Also transferred money to her many times during her maternal home stay. Also, transferred money for her further studies. Have other proofs and witness of my good behavior with her.

But I am worried about DV act.  It has a minimum sentence of 5 yrs, whereas 498a has 3 years.

Also, since there's a draft transaction of this big amount, what reason should I give to court. Marriage expenses is one...but then court will ask, why did u take expenses from girl side ? why didn't u spent urs ?

Please give me a good defence for DV act.

Mahindar (Tech Engineer)     29 October 2013

Is it true that there's any time limit for invoking DP act 3 ?

Mine has been more than 2 years of marriage. So, In my above mentioned scenario, can my in-laws file DP 3 cases against me ?

This thread is missing any expert lawyer's input, i m waiting for that !!

A R Atwal (0) 9699717999 Mumba (Advocate)     30 October 2013

Dear Mahindar,

Though lot of point are covered but you have to prepare yourself for a war, Iam putting up in Mumbai and 99% your wife will file 498a in Mumbai if she is here, and I come from Delhi also I have my roots there also, I can help you being a Lawyer at both the places, I understand your emotions and family problem but I have to look at thing at legal angle, you can call me at my below mentioned no.

Regards

Adv. A R Atwal

9699717999

Mumbai


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