Procedure in case in laws refused to have accepted dowry

hello sir/mam.. i got married in 26 jan 2015 in HINDU MARRIAGE ACT. but mere in laws supportive nahi the na h husband. mere father in law boht galt tarike se mujhse baat karte the .. boht sari adjustments k bad unhone mujhe accept nahi kiya. n finally in dec 2016 i filled domestic violence case. police k sath jab recovery k liye gye.. they refused ki kuch bhi dowry le kar nahi ayi thi. but i have all the bills. mujhe ab recovery suit bhi fill karna h. ab court ne maintance charges bhi start kar diya h but they refused to pay, n today they filled divorce petition. please help me what should i do..? i want to fight for my rights and for many more.

Answers (1)

122 votes

In addition to the case under D V Act, you can also file a criminal case (through police) under Section 498-A/406 Indian Penal Code for cruelty, demand of dowry and conversion of your Istri Dhan to their personal use. The bills along with video and witness of persons you can produce to the IO as well as in the court to prove your case that such articles were given to them during marriage. Those bills can also be used in he recovery case also. But you should know that for suit for recovery the court fee is on the higher side comparing to the other matters.

As far as divorce case is concerned, you can defend the case strongly, if you are successful in proving that the husband has caused cruelty, his divorce petition can be dismissed. It may take almost two years. You should also file an application under Section 24 of he Hindu Maintenance Act for the maintenance. The court will definitely fix maintenance in that petition also. Further, once you will disclose to the court in the divorce case that the Husband is not paying the maintenance, the court will help you. You should know that unless and until the husband does not pay the maintenance amount, his case will not be proceeded by the court and no relief will be granted to him.

During the pendency of divorce petition, the instance will come when your case can be transferred to the mediation or out of court settlement. There also you can claim/negotiate for the permanent alimony (a handsome amount in lump-sum)

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