One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X’s family had arranged his marriage with Mr.Y’s daughter. During the marriage negotiations, Mr.Y’s family voluntarily transferred a substantial amount of money to Mr.X’s family as part of traditional customs. However, the engagement was later cancelled when it became clear that the girl showed no interest in proceeding with the marriage due to compatibility issues. Mr.X’s family, acting in good faith, repeatedly attempted to return the money by requesting Mr.Y’s bank details, but faced resistance and accusations. The situation escalated when Mr.Y’s family began making false claims about dowry demands, despite no such demands being made. This led to a complex legal dispute requiring careful handling to protect Mr.X’s family from false allegations while ensuring proper return of the transferred funds.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Document all communications regarding money transfers and attempts to return funds
• Maintain evidence showing no dowry demands were made from your side
• Consider mediation through family elders or community leaders before legal action
• Keep all bank transaction records and receipts safe as primary evidence

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several provisions apply to such cases. Section 85 BNS deals with dowry-related offenses and can protect against false allegations. Section 356 BNS covers criminal breach of trust if money is not returned despite good faith efforts. Section 318 BNS addresses cheating and dishonest inducement. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 provides procedures for filing complaints, while Section 41 outlines arrest procedures if false cases are filed. These provisions ensure both parties are protected from misuse while facilitating proper resolution.

If You Are the Complainant

• File a detailed complaint with local police station including all transaction proofs
• Prepare a chronological timeline of all events and communications
• Gather witness statements from family members present during marriage negotiations
• Submit bank statements showing voluntary transfers without any demands
• Include evidence of repeated attempts to return the money

If You Are the Victim

• Immediately approach police if false dowry allegations are made against you
• Collect all evidence proving voluntary nature of money transfers
• Document your continuous efforts to return the money through various communications
• Seek anticipatory bail if you apprehend arrest on false charges
• File counter-complaint for harassment and false allegations if necessary

How the Police Behave in Such Cases

Police typically treat marriage-related money disputes seriously due to dowry prohibition laws. They may initially favor the complainant, especially if dowry allegations are involved. However, with proper documentation showing voluntary transfers and good faith efforts to return money, police investigation becomes more balanced. Officers usually recommend mediation in family disputes before formal legal proceedings. Proper legal representation ensures fair investigation and prevents misuse of dowry laws.

FAQs People Normally Have

Can we be arrested for dowry demands if we never made any? No, if you have evidence proving no demands were made and transfers were voluntary.

Is returning money through bank transfer sufficient? Yes, but ensure you have acknowledgment receipts and maintain transaction records.

What if the other party refuses to provide bank details? You can deposit the amount in court or send through demand draft with proper legal notice.

Can this affect future marriage prospects? Proper legal handling and documentation will protect your reputation and prevent future complications.

What Evidence Is Required?

• Bank statements showing money transfers with dates and amounts
• WhatsApp messages or emails requesting bank details for return
• Audio or video recordings of conversations about voluntary transfers
• Witness statements from family members present during negotiations
• Photographs of marriage preparation activities showing good faith
• Call records showing attempts to contact for money return
• Any written agreements or receipts related to the engagement

How Long Will the Investigation Take?

Police investigations in marriage-related disputes typically take 2-3 months for preliminary inquiry. If formal FIR is filed, investigation may extend to 6 months under BNSS provisions. Court proceedings, if initiated, can take 1-2 years depending on case complexity. However, with proper legal representation and strong evidence, many cases resolve through mediation within 3-4 months. Timely legal action and documentation significantly reduce investigation duration.

Advocate Sudhir Rao, Supreme Court of India