Wife filed 498a after 1.6 years of marriage

Does your father inlaw have proof that he deposited the money in your account?

Was it a cash or cheque payment?

Your FIL already has a proof. First you decide what do you want.

It was a cheque transaction. This transaction was done 5 months before marriage. 

I want to fight this out and do not want to bring her back. Mainly because in last few months she even started abusing my mother and me and made our life hell. If I agree this time and bring her back this means I am accepting all her charges and asking for second chance which is not true.

But at the same time I am worried only about this transaction. Except this transaction I am sure they can't show anything as neither we have demanded anything nor we have harrased her in any manner.

That is why I want to know if this is defendable and can be taken up in court or is this open and shut case due to this single transaction? 

You said “I want to fight this out and do not want to bring her back.” You also say “I am worried only about this transaction” You cannot proceed in both ways. No dowry complainant gets such a strong evidence against husband as in your case. Here the money has gone in your account prior to marriage and there is no plausible explanation. This money came to you for buying comforts for your wife which you did not. Many pro-men persons may advise anything but the hard facts is that you have fallen flat.

Now coming to the core issue. Your facts indicates that she has problem not with you rather with your mother. In sucha situation if your in-laws exploit the evidence fo dowry you can never expect your mother ot be out of the case. Even if someone advises you that evidence is weak in your case still it is not a cakewalk. India husband will never on earth agree that his wife is correct. Indian husband will never agree that his mother is wrong. Situation does not appear to be out of control. You can rescue yourself and your mother by shedding ego.

If  CAW Cell proceedings are not initiated then and lady has not gone to police station then i will say transfer money via Netbaking ot Cheque to your Father In Law account ....

You will have a littel room to breath that it was taken as help for some domestic reasons in a friendly manner and you have given it back to her father.....

 

Just ask your lawyer if this will help you ?

Parents of either side need to be taught first if we really change Indian future. Unfortunately we don’t have such institution.  There is a serious generation gap between old generation and new generation in India. Olds don’t wish to change hence oppose evolution which is not good for Indian future.

 

Anyway, coming to the point, the purpose of transferring money is not clear and it is also not clear that she was tortured for that as per clause B of sec. 498A. Please return back the same amount by net banking and keep the transaction ID with you. They still need to prove that it has taken as DOWRY forcefully else it is not crime.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=126460&offset=1#.VgJwk9Kqqko

If it was a cheque transaction then your father inlaw will have proofs of the same.

It is a big and strong peice of evidence in favour of your wife, but it still needs to be proved in a court of law that it was given as dowry.

Once the money was transferred to your account, what was it spent on?

The manner in which it was spent could also help you in proving it was was not given as dowry.

Try not to worry, in India nothing is an open and shut case.

I dont suggest at this time to pay the money back to you father inlaw, as it wont help that much as any evidence to support you, as a case with the CAW cell has already been filed.

The only thing that will happen is you will loose 1 lakh and the money will be wasted.

My sugestion is just to wait and see how the situation plays out, if you are sure you dont want to live with your wife try and discuss a mutual consent divorce with her.

You can still rescue yourself. Someone will also advise you to file RCR case and such action is a time tested tool to provoke her to file true/false dowry demand case.

Thanks all for your replies. I spent that money after one month of transaction on new furniture as requested by them initially. Infact me and my wife both went together to buy the furniture and I have all the bills related to it.

So, will it still be considered as dowry or it will be considered as Streedhan as it was gifted by her parents to her (via me as they transferred money to me)?

Please don’t file RCR.

 

Burden to prove that the said money has been given or taken as DOWRY lies on them (To prove 498A).

Now you are telling "I spent that money after one month of transaction on new furniture as requested by them initially. Infact me and my wife both went together to buy the furniture and I have all the bills related to it." why you were hiding this fact earlier.

Hi, Your instant move right now is to file an application with the relevant PS (under whose jurisdiction you after marriage resided with your wife), transfer the money received from your FIL through NEFT/Rtgs and attach the receipt of the same with that application. in that application state your case and say that your wife has been mentally harassing you, and you never demanded any sort of money. that money was gifted to you by your FIL to spend it on his daughter, but now im returning it. also say that i want my wife back(even if u dont want her back). also in CAW state this thing that u want your wife back and a smooth marriage life. my parents are totally dependent upon me. do send this application to SHO mark Area DCP and comm of police. 

regards