• Dowry taken for marriage expenses

Dear Sir,
I am C.RAJENDRA PRASAD, I have taken dowry of Rs.15 Lakhs for my son's marriage. The amount has been transferred to me through RTGS and NEFT through girl's father, his brother-in-law and far related person. They have performed the marriage and we have performed reception and other expenses since they stay in U.S. We have got all the connected bills. The proceedings will be completed within two months in Family court. The girl has agreed for divorce.

Please advise me legally whether I have pay the amount back or not. .
Thanks,
C.RAJENDRA PRASAD
Asked 6 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

16 Answers

The amount given to you from the brides side has to be returned if it was spent by you for your expenses. Ideally the marriage expenses should be split in half in case any dispute arises. If they have asked to return the money then proceed accordingly. If not then it is not necessary.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) pay back money transferred in your account 

 

2) bank transfer is sufficient to prove that dowry was paid to your family 

 

3) your daughter in law  can can always file dowry harassment case against you and your family members 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

If they will file any case of dowry against you then the question arise. Don't admit anywhere that you have taken a dowry. If it is settling in mutual Divorce you can decide your terms in the same 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear Sir,

You need not pay any amount to them and take defence that as per oral agreement you have given Rs. 15,00,000/- for purchase of jewellery for the girl in the hands of father of the girl as they wish to purchase the jewellery of their choice. Later due to intervention of elders and some other common friends the father of the girl return the said amount through RTGS and NEFT saying that he should have some evidence for having returned the said amount.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. The acceptance of dowry is a crime .

2. However if there as single marriage cum reception programme then both the parties are liable to divide the expenses equally unless one party has agreed to bear whole costs. So if there is any such circumstances then you can use this plea .

3. Otherwise if the girl side is ready to make settlement and is ready to give mutual divorce then return the money which was not used for expenses pf marriage along with her ornaments .

4. If you refuse to do so they may file cases which is not desirable for any of you.

Good luck.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Yes Sir pay back the amount otherwise this may further hamper the situation at any time, it is legal also.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Sir,

 

- It depends whether the girl family is claiming marriage expenditure or not

- Incase the girl family asks for marriage expenditure, you shall have to pay the same... provided they share the enough evidence of such expenditure

- U/s 25. (Permanent alimony and maintenance) of Hindu Marriage Act if the Court take the cognizance to award the decree of divorce. Permanent alimony or regular maintenance shall be discussed in details.

- Advisable to wait for girl family input 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Dear Sir,

No. Courts have ruled that since the law refers specifically to the husband and his relatives, and once she has divorced that person is no longer her husband, a case of dowry cannot be filed.

On paper, there can’t be any Dowry as its illegal. Its expenditure of marriage and gifts exchanged (mostly given from Bride’s side to Groom’s side which Groom side just expected not ‘demanded’.)

In India demanding and accepting dowry is prohibited by law but it does not bar a woman from taking her share which is given by her parents out of their free will. In a case of divorce the wife can demand what she brought from her parents and further the husband has to give her a reasonable alimony . Hence there is no conflict of interest. But it will become a issue if the divorce is due to torture and cruelty associated with the demand for more dowry.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Client,

If she demanded than you have to otherwise it`s clearly shown and proven how much cash given in marriage, dowry demand complaint if filed, easy to prove. 

And this is right that, you will bear your marriage expanses and they will bear their.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

handle The matter amicably otherwise you and your family will become in a big trouble , do you have proofs that The amount which your fil deposited before and after marriage in your account is for marriage expenses. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hi,

It seems that you have not disclosed the complete facts. What kinds of proceedings are going on. If the divorce is on mutual consent, an agreement or MOU will be made between the parties and you may have to return as per your agreed amount. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

See generally if it is mutual.divorce and girl has not.filed any criminal case related to amount.you don't have to pay it back though if there is complaint and she is claiming same back you have to return it for peaceful divorce 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

if they are claiming from you then RETURN else keep it in your pocket.

also, elaborate on what proceedings will be completed within two months in Family court?

as you say the girl has been agreed for divorce, then what are the conditions, if its a condition to return said 15 lakhs then return it.

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

First of all don't call or utter the word "Dowry" mentioned marriage expenses to perform all luxurious marriage all both side marriage expenses account should be kept by one side so before marriage girl side parents had transferred 15 lacs amount via NEFT.

 

So all marriage expenses are done by both aide 50-50%, so first calculate marriage expenses and return 50% amount to them.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You have not mentioned that whether thy have demanded the return of the amount they had given to you.

If there is no demand by them separately or outside the court then you just dont bother about it at least for now, let them come with a claim at a later stage which can be considered at that time, for the present you also remain a silent spectator and get the divorce case disposed first.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you are a person of good heart who is accepting the wrong which has been done by you, otherwise people act like that they have not received anything.
  2. If the same has not yet been asked by the girl then you may not have to pay anything back.
  3. But, if they ask for the same then try to adjust the amount up to certain extent in the expenses incurred by you, so that your expenses may also be justified.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer