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Fighting interim maintainance and restitution of conjugal rights
17-Apr-2023 (In Family Law)
We are Hindu and married wit same procedure. Few mnths of my marige I got white patches n later got confirm dat it's vitiligo ,since from an yr my husbnd forcing to brng dowry n also harassing my parents in my home town to get mutual consent frm me n recently went to Australia without my knowledge later he lft, his parents harssed to brng dowry n return to der house .So I filed RCR n Intrm maintananc .Now he filed consent wit I'm having disorder b4 marrge n I left home wit harassing his parents . Now court has informed to prov his incom 'as he is an engineer n earns lakh a mnth' how to prove his incme as I need to meet medical expnse n to fight RCR n other allegations n how can I avoid divorce?
You will have to decide first what relief you want. If you make dowry harassment on one hand and claim restoration of conjugal rights on the other hand chances are more that you will fail. Think about it. Getting details of his exact income is not a big deal if you know where he works, you will have to file an application to summon his employer to give details about his income.
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Adv. Narendra MN
Bangalore | 100+ Answers
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You can show his income by providing his salary details and through issuance of court summons for production of documents. You can contest the case stating that without any proper reasons withdtwan from the society and marriage obligations.
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Adv. Sadanand Naik
Bangalore | 200+ Answers
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There are n number options for you to bring to terms. Law is in your favour. Please read following simple solutions.
What is dowry?
"Dowry" means any property or valuable security given or agreed to be given either directly or indirectly-
By one party to a marriage to the other party to the marriage; or
By the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person; at or before or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariath) applies.
***Explanation II.-The expression `valuable security’ has the same meaning as in Sec. 30 of the Indian Penal Code (45 of 1860).
What is dowry harassment? Who can complain?
Dowry harassment is a criminal offence in India. Dowry harassment covers a span of behaviors and actions by the man or his parents or other relatives. These are:
The giving or taking of dowry
Demanding dowry
Which are offences under the Dowry prohibition act?
Apart from these, there are offences related to dowry, like cruelty under criminal law (Sec.498A IPC) which are,
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
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 meet such demand.
The victim of dowry harassment, victim’s parents or victim’s relatives can also make a complaint for any of the above offences at the police stations.
What is dowry?
"Dowry" means any property or valuable security given or agreed to be given either directly or indirectly-
By one party to a marriage to the other party to the marriage; or
By the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person; at or before or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariath) applies.
***Explanation II.-The expression `valuable security’ has the same meaning as in Sec. 30 of the Indian Penal Code (45 of 1860).
What is dowry harassment? Who can complain?
Dowry harassment is a criminal offence in India. Dowry harassment covers a span of behaviors and actions by the man or his parents or other relatives. These are:
The giving or taking of dowry
Demanding dowry
Which are offences under the Dowry prohibition act?
Apart from these, there are offences related to dowry, like cruelty under criminal law (Sec.498A IPC) which are,
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
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 meet such demand.
The victim of dowry harassment, victim’s parents or victim’s relatives can also make a complaint for any of the above offences at the police stations.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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