Can a bank transaction be claimed as dowry to file a case

660 votes

Yes it is attracts the provision of the dowry prohibition act 1961. If she and her father say this was not "stridhan" (presents which are given at the time of a marriage to the bride without any demand having been made in that behalf)" but dowry and it was a demand by your family before marriage, then it is dowry and a cognizable and non-bailable offence. Law makes it very clear, even an utterance of any sort of demand of any money before or during or after marriage, attracts the penal provisions of the dowry act. In your case, its well established. a sum of Rs. 2 lakhs were transferred in your father's account before marriage. She or any family member can lodge a complaint under the provisions of dowry act, 498A IPC and domestic violence act, against you, your father and mother and even your siblings, if any.

In this scenario, I recommend you to sort out this problem amicably with your wife and bring her back home. Treat her with respect as we all deserve respect. Be kind and polite not only to her but to her parents as well. When you love and respect your wife, I am sure she too will love and respect you. Why unnecessary wanting to ruin your life by such fights.

Beside, it's your responsibility to give all protection to your wife, and take care of her well-being. Cause no mental or physical harm or injury or death during this 7 years of your marriage (dowry death) while she is your home.

However if things doesn't work out between you and her and all efforts have failed to reconcile and she refuse to come back to the matrimonial home and she's adamant to file a complaint against you and your parents, then the should apply for anticipatory bail either from the High Court or Session Court. At Least you and your parents will be spared from the humiliation of getting apprehended by the police. There after you will have to file a divorce petition.

Advocate Robert D Rozario LawRato

999 votes

Yes it can be termed and quoted against you, return the same amount via NEFT stating for buying furnitures and fixtures. Returned the same. You will be on a better footing henceforth and rest can be dealt with when and if anything further arises

Advocate Aveek Bose LawRato

591 votes

You need to consult us... this is a public forum I cannot suggest you how to use loopholes of law on a public platform... if you fancy any of the lawyers among us , call him up and get a proper guidance of what to do and how to do...this should be taken care of as soon as possible, or the matter might go out of your hand... one suggestion to you women are more protected in India so please don’t neglect the threat and be pro active... contact me through lawrato if you want to escape the axe...


Regards

Advocate Rahul Uday Singh LawRato