Legal procedure for divorce due to dowry harassment & cruelty

783 votes

Hi according to your query Indian Penal Code – Section 498A, IPC
Introduced in the Penal Code by Criminal Law (Second Amendment) Act of 1983
(Act No. 46 of 1983)
498A. HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN SUBJECTING HER TO CRUELTY:
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation: For the purposes of this section, “cruelty” means
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman;
or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.The section 498A mainly deals with cruelty such as:

A conduct that could drive a woman to suicide,
A conduct that could cause grave injury to the life, limb or health of the woman,
Harassment with the purpose of forcing the woman or her family to give some property,
Harassment in case the woman or her relatives are either unable to meet the demand for money or property.
Section 498A of the Indian Penal Code, is a criminal offense. It is a cognizable, non-bailable, and non-compoundable offense. so you can file a case against them and after filing the 498a case go for divorce petition also.for further any other clarifications you can contact us.

Advocate Bala Murali LawRato

582 votes

Hello mam, u can apply, before that few questions .. R u now living with ur husband, do u want divorce only for ur parents, or they are harassing you, do u have children, when you got married. .

Advocate Geeta Tirandasu LawRato

595 votes

Hello Madam, Marriage is regarded as a sacrament and not contract. However, if you intend to seek divorce, is best to go for mutual consent divorce, if possible. Or else file a contested divorce.Are you presently residing with your parents or inlaws.
Have you filed any case till date..

LawRato LawRato

731 votes

Yes, you can take divorce from your husband.
first, meet an advocate explain your problem and file petition on him and his family members against dowry and cruelty. Court need proof so make all evidence of cruelty in favour of you.

Advocate Sai Krishna Azad LawRato

596 votes

Madam,

Has one year elapsed since the date of your marriage? If yes, then file divorce petition against your husband under cruelty ground in the family court of jurisdiction where you are presently living or where your marriage took place. Engage a family court lawyer and proceed further.

Advocate B. Srikiran LawRato