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Manish (owner)     13 July 2014

Marriage expence by cheque

Dear experts,

I married in 2012. My FIL paid marriage expense by cheque before my marriage.My inlaws are rich and watnted to have better reception and arrangement.But when my wife doesnot want to stay with me as she had affair before her marriage and she is continueing at present also and she want divorce from me.Now my wife wants divorce from from me and FIL wants the amount paid by cheque.

Please advice what to do



Learning

 7 Replies

stanley (Freedom)     14 July 2014

Marriage expenses are not refundable .

DRAMIL THAKKAR (ENGINEER)     14 July 2014

Marriage expences are never refundable.....Teach them a lesson....

Adv. Chandrasekhar (Advocate)     14 July 2014

you should walk very carefully.  if he has given the cheque directly to the hotel, reception house etc. then, it is not refundable and no sweats for you.  but if he had given a cheque to you in your name, then they may level the allegation of receipt of dowry and a dowry case is round the corner.  so, make yourself clear on that point to proceed further.  Now alternative avenue, I show to you.   if she insists for divorce, you may also can file a divorce case on the ground of adultery, mentioning the paramour's name,  which ultimately put them in defence to protect their family honour and dignity intact and may accept to your terms for giving divorce.  on the other hand, if you have sufficient proof of adultery, you can file a criminal case against the 'wifejack' (adulterer) and that will also push your wife and her father in a tricky corner and  when the chickens come home roosting, your in-law will chicken out and give you a leeway to extricate from this day/night-mare marriage.  So tread cautiously.

stanley (Freedom)     14 July 2014

Heed our uncle's Chandu's advise " March Cautiously watch every step you take . 

As your wife is eager for Divorce march along with her and give in to her consent for divorce and not her demand for refund of marriage expenses  . There is no point filing cases and running around courts and if your wife is unemployed be ready to pay her maintenance.

As for filing for adultery u/s 497 the adulterer is punished and not your wife and if your case is proved than  her demand for maintenance would go down the drain .

Manish (owner)     14 July 2014

Thanx all for your valuable guidance.

@ Adv Chandrsekhar

They have deposited the amount by cheque in my fathers account. What should I write in MCD condition so that they  cannot claim it in future. Please guide beacause in future date they may CRY "Dowry"

Thanx in advance

T. Kalaiselvan, Advocate (Advocate)     15 July 2014

If they have agreed for MCD, in the MOU, you may mention this refund amount as one time settlement, if they don't agree, you can return the amount through your father's cheque with a covering letter informing them the the amount lent by them is returned or can mention that the amount given by them towards marriage expenses is being returned acceding to their demand.

The other steps to be cautious about have been elaborately suggested by learned advocate Mr. Chandrasekar, which appears  very proper.

Biswanath Roy (Advocate)     16 July 2014

MARRIAGE EXPENSES AND DOWRY DISTINCTLY CARRIES TWO DIFFERENT MEANING AND YOU MUST BE AWARE OF THAT WHILE PROCEEDING TO TAKE LEGAL STEP.


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