LawRato

can dowry case be filed 7 years after marriage?


15-Apr-2023 (In Divorce Law)

i have been living with my parents since 5 years as my in laws used to harass me for dowry and i have a 5 year old daughter. Now i want to get money for my daughter and want to stay with my husband and in laws. Also, can i file a dowry case 7 years after marriage?

Answers (1)

Answer #1
489 votes

Assuming you are Hindus,

Regarding staying with your in laws,

you can file a petition under section 9 of the Hindu Marriage Act which deals with restitution of conjugal rights demanding right to residence with husband.

Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:

Section 9. 

Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Regarding maintenance,

You can file a maintenance petition under section 125 Cr.P.C. under which you and your daughter are entitled to maintenance/alimony from your husband separately. 

Now about dowry case,

The case can be filed at any time, there no limitiation if still you are facing cruelty and dowry demands.

Click here to find the best matrimonial lawyer in your city.


People also ask

What is the burden of proof in a dowry case?

The burden of proof is on the person who is charged with dowry taking, dowry demanding or aiding in the taking.

How do I case a dowry file?

File a complaint at the local police station. Contact the Dowry Prohibition officer in your district. Write to the appropriate judicial authorities for your case. (Metropolitan Magistrates or Judicial magistrates First Class).

How do you prove innocence in dowry case?

You can get support from witnesses Also, you should try to concentrate on those who might be your witnesses. They will help you and your family because they can attest to the fact that you and your family are not greedy. Their statements will prove that your allegations against your spouse are true. 10-Oct-2023

What proofs are required for 498a?

The Evidence Act also stipulates that the oral testimony of witnesses who heard, saw or perceived a criminal act must be direct. (Sections 60 and 61). Medical Evidence Medical evidence can be used to prove cruelty in cases under Section 498A. These could be oral or documentary. 12-Oct-2022

  

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."