Legal Question in Family Law in India

Re: Family , Criminal law india

1) No they are gifts

2) No not without investigation

3)Yes at hearing in the court.

Re: Family , Criminal law india

Presents and the money given voluntarily during or after marriage does not constitute dowry if its reasonable, Which is a subjective issue.

If a wife complains against a husband and/or his family, police should investigate but practically speaking police finds a reason to arrest husband and his relatives in case they do not want to bribe them.

Tape recordings may prove helpful during the evidence stage of the trial. In the end, it all depends upon facts of each particular case.

Re: Family , Criminal law india

All payments / gifts received by the wife from her relatives - parents side or in-laws side - constitute her 'istridhan' and has to be returned to her whenever she demands.

The fact that the payments were made by her parents/family voluntarily will not absolve the husband family from the offence of misappropriation if the 'istridhan' is not returned to the married woman.

For police to act on a complaint by the wife, a statement by her or her relatives is sufficient to start investigation and launch prosecution of husband and all those who are found to be involved in the offences alleged.

Re: Family , Criminal law india

ur proof will benefit you. and those gifts are considered dowry articles. the difference is whether u asked or they gave voluntarily.

if u are having good case then go to court for anticipatory bail and everthing will be fine. u can use audio video

Re: Family , Criminal law india

Your answers:

(1) No it is the gift.

(2) They have to undergo investigation.

(3) Yes at the time of the evidence.