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(Guest)

Is asking loan called dowry

Wife already filed divorce petition. After our fight  uncle sent her an e-mail in which they mentioned that we should live separately from family but who will arrange finance? Can my wife's parents contribute by giving me 0% loan which I will pay back within 5-6 years ?  Now using this e-mail she says I asked dowry. I read on www.498A.org that asking loan is legal. Please advise. Also in subsequent e-mais we cleared that we do not want money from you guys but live and let live.



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 23 Replies

Raajeev Sampat. (Self employed.)     15 November 2013

When you have asked for a loan and clearly mentioned that you will return means it's a loan and not dowry.Dowry is asking money not to be returned.There is a big difference between the two.

Sudhir Kumar, Advocate (Advocate)     15 November 2013

Asking for loan?

Asking for 0% loan?

Asking for 0% loan, loan from FIL and none else in world?

Asking for the loan from FIL and none else in world, for the sake of keeping your wife in the conveniace that she expects?

 

Even if you do not say so it is clear that she is not able to live with your parents.  You are also admitting, by offering to live seperately if given this amount (what you demand as loan), that she is right.

 

It goes without saying that without this amount (what you call loan) you are not togather back at seperate residence.

 

Everyone in the society knows that loan given to near relative is never a loan (particularly son-in-law), it is only a gift.  The loaner has either to forget it or burn his blood to keep waiting for it or to opt for break of relations waiting fort the same.  If your wife joins you after this loan and after a few years she will also cooperate with you against her father.

 

So dear sir what you have demanded is DOWRY as a contractual consideration for continuation of marraige.

1 Like

Sudhir Kumar, Advocate (Advocate)     15 November 2013

Seen from your other thread

 

https://www.lawyersclubindia.com/forum/Can-comment-on-fb-post-cause-problem--92209.asp#.UoWYLyfQyVE

 

you intend to frame her in vague criminal case.  In that case why should she be interested in letting you off when you demand consideration for marriage inwriting.

vishak (manager)     15 November 2013

Asking loan may be legal but not at 0% interest.

 

It is like as per company lay where loan to director by a pvt company is considered as deemed dividend etc.

 

Hence it may be considered as dowry in disguise.


(Guest)

Let me correct myself here. Actually emails were written by family members who are citizen of United States and hardly come to India. I am mr. Clean here as emails were marked to me and CC to wife. Can I say whatever problem of dowry court has catch my family members as I have not written any email. My family members in USA wants case on their name so that they can file defamation. We are not going to give up. I learn on lesson in my life. Never give helping hand to girl's parents. We paid 50% towards marriage and engagement on what basis they can say now we are asking dowry. They are actually blackmailing in the name of my 2 year old girl.


(Guest)

Is it necessary to leave parents for wife's comfort? If our home is luxurious than their home and parents live 6 months India and 6 months in USA with elder brother than why should we take loan for another home ? Even NRI has to take loan these days due to high inflation in India.


(Guest)

All such should be documented, written in form of agreement, time date, witness all should be documented only then you can call it as loan, simply orally asking would amount to asking dowry.  Beware.

T. Kalaiselvan, Advocate (Advocate)     15 November 2013

I strongly feel that Mr. Sudhir Kumar has perfectly commented on your status and clearly reflected your mentality while seeking loan from your in-laws.  Nobody can be able to project your intention behind your proposal to this perfectness.  Now after you are exposed, you are coming out with lame excuses that your parents sent the mail etc., why is that your parents ask for loan from your in-laws for you to live separately with your wife?  I think you are trying to materialise your marriage for the monetary gains which is termed as dowry in the eyes of law.  Realize your position and live up your married life as was expected of you by being wise in all the aspects.


(Guest)

Either your English is bad or you are mixing up the brief's. Whatever mail you have sent that doesn't amount to dowry for two reasons. 1. You have mentioned in the mail that you will return the amount. 2. Demanding dowry doesn't amount conviction. There should be severe physical or mental abuse on your wife from you and your parents/relatives.

 

having said that, no matter what and how many crores inlaws may offer I will never agree to unreasonable demands like leaving my parents. I wouldn't write such mails and talk bullsh*t when the reason of conflict is not money but ego. Life is more important and it doesn't give many chances. Sit down with your wife, talk to her, settle the differences and behave like a matured man.

 

Adv. Chandrasekhar (Advocate)     15 November 2013

I agree with Mr. Sudhir Kumar and Mr. Kalaiselvan.  It attracts S. 4 of D.P. Act, which is reproduced below:

"4. [(Note: Subs. by act 63 of 1984, sec.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 a adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months."


If no harassment either physical / mental is attached along with dowry demand, then S. 498-A of IPC may not attract, but S.4 of D.P. Act attracts in the above facts of the case. 

Sudhir Kumar, Advocate (Advocate)     15 November 2013

you said " emails were written by family members who are citizen of United States and hardly come to India. I am mr. Clean here as emails were marked to me and CC to wife"

 

First of all you are the husband for whose benefit dowry is being demanded. 

 

secondly you support this e-mail it was marked cc to you and you never contradicted that you do not want any such money.

1 Like

Laxmi Kant Joshi (Advocate )     15 November 2013

i agree with Mr. Sudhir kumar and Mr. Kalaiselvan comments , you had demanded dowery in such a manner like a professional crimanal act .

Sudhir Kumar, Advocate (Advocate)     15 November 2013

you said

 

"why should we take loan for another home ?"

"Even NRI has to take loan these days due to high inflation in India."

 

Both sentences contradict each other

Sudhir Kumar, Advocate (Advocate)     15 November 2013

"on what basis they can say now we are asking dowry."

 

Basis has already been provided by you by e-mail what better evidence does a prosecutor need. 

 

They may be blackmailing you but not giving the documentary evidence as you  have given.


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