Girls family paid money and now are demanding them back
08-Apr-2023 (In Family Law)
I had got the marriage fixed with a girl in Dec 17 ( not engaged so have no proof of fixing of marriage except few of only my relatives witnessed it ). Marriage was planned on 30th April 2018. Girl's father has transferred 500000 in my father's account on 11 March 2018 for conducting marriage expenses as their contribution , they are coming to my city for marriage. We have never demanded for dowry . Out of 5 lakhs 3.80lakhs has been spent on girl's ornaments and further arrangements and advances for the event . Now it seems like marriage will not convert(mutual agreement) due to various compatibility issues between both families . Now they are demanding to either marry or return the money , otherwise they will file a dowry complaint. As I told , above money is already spent so it's difficult to return money in full , as in future I will need money to marry someone else . Kindly suggest some thing to save me from such trouble . And plz refer the statutory provisions of possible .
You need not worry you have the bills of all arnaments which you have already expenses for girl. You can refund the money apart from bill amount. No one will catch you under dowry case. . .
Dear Citizen,
You should compile the bills of Rs 3.80 Lacs along with the stuff purchased by you and return it along with remaining money to the Girl's family in the presence of respectable persons of the society (as witness). However it is of utmost importance that you maintain the original copy of bills with yourself.
You may also get an agreement/affidavit executed wherein you may take signature of girl's family saying that all of the money along with stuff has been returned and no further thing has to be returned. This needs to be done for creating base for investigation/trial purpose. This will serve as evidence in case girl's family tries to implicate you in future despite of you returning stuff/money.
I would like to warn you that if the girl files a false dowry case, you and you parents might have to face trial. You might even incur cost on bail (anticipatory or regular) and other expenses which will depend on the lawyer that you choose. Further the trial may take years and in the meantime your reputation might suffer serious injury in the eyes of prospective girl's family in future. I cannot advise you to surrender to illegal demands of the girl's family and return entire 5 Lacs in cash but I strongly recommend you to enter into negotiation with girl's family explaining them about the amount that has been spent. You can opt for settlement even if you are suffering some financial loss as you would be able to avoid criminal trial.
Please also note that as of now you are facing charges under S.498A, 406, 420 of Indian Penal Code and 3 & 4 of Prohibition of Dowry Act. Charges under section 406 and 420 will be dropped during investigation stage if there is ample of proof that you returned the stuff along with remaining money.
However if you have a reason to believe that the girl's family will implicate you in a false case even after returning the remaining amount and stuff, I would suggest that you should file an FIR first alleging extortion by them. That way you can prepare good base for your case. Make no mistake, you will still face trial, but your chances of acquittal and bail will be increased.
Get in touch for further queries.
Regards,
You should compile the bills of Rs 3.80 Lacs along with the stuff purchased by you and return it along with remaining money to the Girl's family in the presence of respectable persons of the society (as witness). However it is of utmost importance that you maintain the original copy of bills with yourself.
You may also get an agreement/affidavit executed wherein you may take signature of girl's family saying that all of the money along with stuff has been returned and no further thing has to be returned. This needs to be done for creating base for investigation/trial purpose. This will serve as evidence in case girl's family tries to implicate you in future despite of you returning stuff/money.
I would like to warn you that if the girl files a false dowry case, you and you parents might have to face trial. You might even incur cost on bail (anticipatory or regular) and other expenses which will depend on the lawyer that you choose. Further the trial may take years and in the meantime your reputation might suffer serious injury in the eyes of prospective girl's family in future. I cannot advise you to surrender to illegal demands of the girl's family and return entire 5 Lacs in cash but I strongly recommend you to enter into negotiation with girl's family explaining them about the amount that has been spent. You can opt for settlement even if you are suffering some financial loss as you would be able to avoid criminal trial.
Please also note that as of now you are facing charges under S.498A, 406, 420 of Indian Penal Code and 3 & 4 of Prohibition of Dowry Act. Charges under section 406 and 420 will be dropped during investigation stage if there is ample of proof that you returned the stuff along with remaining money.
However if you have a reason to believe that the girl's family will implicate you in a false case even after returning the remaining amount and stuff, I would suggest that you should file an FIR first alleging extortion by them. That way you can prepare good base for your case. Make no mistake, you will still face trial, but your chances of acquittal and bail will be increased.
Get in touch for further queries.
Regards,
Hello,
You just issue a legal notice through and advocate regarding such issue,, stating all reason for breakdown of marriages and tell opposite party to take back the gold ornament along with articles on which you have invested aur purchased to conduct marriage and show eagerness to return back that amount to the opposite party and also intimate them to collect their gold ornament and other articles within 7 days in front of your relatives for further more any queries just contact us
You just issue a legal notice through and advocate regarding such issue,, stating all reason for breakdown of marriages and tell opposite party to take back the gold ornament along with articles on which you have invested aur purchased to conduct marriage and show eagerness to return back that amount to the opposite party and also intimate them to collect their gold ornament and other articles within 7 days in front of your relatives for further more any queries just contact us
As situation is very critical as the amount you had taken in bank account still first make an fir against party that you and your family are been threatens by girls parent to indulging you in dowry case .The money you had taken is for all booking to be done as per there wish you do not have demanded for it.later we will see after the response of other party
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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