can dowry case be filed 7 years after marriage?

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)

456 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Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

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