Wife asking divorce after winning 498 and dp act 3/4

Are you in jail right now? Are you out on bail?

Thank u all for ur suggestion I know I'm trapped just becaz we trusted someone. I will fight till end. I'm curretly out on bail. And i will going to discuss this with lawyer as both the cases filed on together but if we got acquital under 498a then y we found guilty under dp act. Any how i already mentioned the reason for conviction is money trf from my father acct to her father act but it was not dowry it was for marriage expenses as the marriage held at boys place and they are can't to arrangement over there.I know y my marriage broken its just because we have different thinking and also ego issue but in courts that does n't matter.

Actually even if you are acquitted of 498a, you can still be convicted of DP Act sec 3/4 if you took money during marriage since DP act doesn't have time bar. But I suggest you try hard in appeals court and convince them that the money was indeed for wedding expenses and not dowry. At least ask them to reduce jail sentence time.

Dear Querist,

As you said, money got transferred from YOUR father's account to HER father’s account. It this a true statement?

If so, then it does not fall within the definition of Dowry.

Are you sure, this is the reason for the conviction?

Regards,

Hi

Yes, this is the only reason for conviction, as the money is transferred before the marriage and as per their statement they have transffered the money becuase we have forced them & blackmail them if tha said amount is not transferred,before the marriage we will broke the marriage. Hence they have transferred the money to save there social respect.

My monthly salary is around 1lakh rs and they tranferred 2-lakh rs  and becuase of 2 lakhs Rs, as per thier statement i was about to break the marriage. better i would have take lot of dowry.........

 

But you said earlier, money got transferred from YOUR father's account to HER father’s account.
and not HER father's account to YOUR father's account. correct?

If you took lot of dowry you would have to return it all. I'm quite sorry for you that you got convicted for such a small amount. It is actually quite common for brides family to give money for marriage expenses to grooms family but in your case it looks like they misinterpreted it as dowry. You still have ways out. Tell her you'll give her divorce only if she compromises and withdraws all cases. If she doesn't, then tell the judge in appeals court that it was for certain marriage expenses using all proofs (receipts,witnesses etc.). When you explain to judge that your salary is 1 lakh per month, surely all facts considered, you'll get a very minimal sentence, if any. Good luck to you. Keep us posted.

No wthe question you raised is regarding divorce proposal.

 

No doubt that :-

• marriage is broken down.
• she is at present victor in criminal case.
• in appeal either you are acquitted or conviction is confirmed.
• in either case the marraige cannot be restored.
• she is now in no postion to withdraw the case
• as long as divorce is not ther eshe has all the budle of rights of a wife including forced entry whether you are in house or in jail.

You have to end one chaper atleast and one series of litigation.