Arvind (executive) 16 May 2014

Precautions i should need before taking divorce

I obtained a fair sum of money as marriage gift (my in-laws are rich and since we have common relatives wanted to have it as prestige issue). Out of this money, 64% was transferred to my wife’s account, 20% was transferred to my account and remaining 16% as combination of following:

1) Jewelry : All are with her

2) Money transfers on festivals and occasions: Bought some jewelry for me and my wife, all are with her

3) Money transfers for household goods: Bought Furniture for house we live in. (House was bought by the above said money and we both are owners of house, see below details)

We bought house after 6 months of our marriage and we both are joint holders. The money that her father transferred to her as well as my bank was about 59% of the house cost. I took home loan for the remaining 41% of the amount (again on both names, but I pay the entire EMI and can show the bank statements).

My questions are as follows:

Q1) Is the money transferred to my wife’s account be considered as Dowry?

Q2) I am sure that the money transferred to my account will be considered as Dowry, so what amount of money should I transfer to my wife’s account so that I can balance it out

1) Current money paid for house 59%(wife) to 41% (me), should I pay 9% to make ownership of house as 50-50

2) Complete money that was transferred to my account.

Q3) Does Jewelry (received during marriage and gifted to her and me by her parents) be considered as Dowry, if everything is in her possession?

Q4) Will the furniture bought from the money that was transferred to my account be considered as Dowry? Is it required for me to transfer that money to her account as furniture is in our house and we both are owners.

Q5) I never asked for money but her father keeps it transferring to me, If I have her voice recording accepting the same, will that be helpful if ever Dowry case is filed?

Q6) We both are working and she helped me to repay the home loan for my house that I have bought before my marriage. I have already transferred that money back to her, can she still ask for share on that house if we go for divorce?

Q7) Can she claim for share in my father’s property?

Q8) If she files a dowry harassment case against me will they consider all the facts or they will directly arrest me?

Q9) If I transfer her all the money that I obtained, will this be considered in the court or it will still be considered as Dowry irrespective of whether it was given back or not.

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1 Replies

T. Kalaiselvan, Advocate (Advocate) 17 May 2014

1) No

2) You can always say that the money transferred on yur name was for purchase of the property on her name and evidently the property is on joint names, however, if you so desire to have fifty fifty share in the property, you ma return the said deficit amount to your father in law by evidential record namely through bank transactions.

3) No

4) No

5) Yes

6) No she cannot ask for a share n your self acquired property

7) No

8) It depends on how much money do they bribe the police and to what extent their tails wag.

9) If you want to transfer or return all the money received from her father, always create a record by mentioning that you return the said amount which you owe him, this will help you to establish that the said transaction was not due to dowry demand.