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Can I file dowry & divorce case after 12 years of marriage


03-Feb-2023 (In Divorce Law)

Hi, A Friend of mine is married for 12 years and have son aged 11. At the time of fixing marriage, lot of lies were told to the girl's family like the groom is an engineer and owns couple of trucks but post marriage the girl got to know the truth that her husband is jobless and just sits at home and DRINKS and there were no sign of any trucks. When asked, the boy's family said that due to financial problem they sold all trucks. Can she file for a dowry and divorce now. Her father in law says she can't as he himself is a lawyer and her sister in law runs a newspaper agency. Please guide

Answers (3)

Answer #1
866 votes
Dear Sir, A divorce can be filed any time. The only requirement is filing it after one year of marriage. As far as dowry case is concerned it will depend upon the facts and circumstances of the case. please feel free to contact.
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Answer #2
603 votes
The fact that marriage is more than one year old and there are certain problems are stated above. She may have a good ground for divorce. But one will have to substantiate a lot more on the basis of evidence. The aforesaid lies will make your case stronger. What needs to be tackled is the latest instances of distress etc which will give rise to cause of action for divorce. Regards
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Advocate Vibhor Gupta

Adv. Vibhor Gupta

LawRato Delhi | 5+ Answers
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Answer #3
928 votes
You can very well file it. Dowry demand, domestic violence instances can be recurring so as such there is no limitation bar to it. It may happen / arise any time. It can be running and recurring also. A criminal case / FIR for domestic violence can be filed plus a petition for divorce and also petition(s) for alimony / maintenance under Hindu Marriage Act and as well as under CrPC. Threats or intimidation from father-in-law etc. can also b taken up. All concerned can be made parties / accused in DV and dowry demand cases.
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Advocate Mareesh Pravir Sahay

Adv. Mareesh Pravir Sahay

LawRatoDelhi | 5+ Answers
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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.

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