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Husband living separate, not giving dowry money back want to file case


14-May-2023 (In Family Law)
Last Jan 10 th My husband and his mother told me casually to go and stay in my own house for 2 days but after me and my son reached my home my husband's and his mother's attitude changed and till now am in my home. They are not allowing me and my son to enter their home. They are not giving me back my Gold and dowry. Everything is in my mother in laws custody. They are telling now they dont want us but they need all my dowry and Gold. I tried my husband in his phone many times but he is not attending and i gone to their house but they locked the house and gate and hiding somewhere else. Please help me to proceed with the case. What all are the cases I can charge against them? Now they are planning to leave this country.
Answers (3)

Answer #1
690 votes
You can definitely file a cases before the concerned Family Court, for getting monthly maintenance and for returning the gold and dowry. For getting maintnance the easiest method is to file a Maintenance case under Sec.125 of Cr.P.C before the Family Court, and for return of gold and dowry you can also approach the same family court.
If you believe that they are leaving the country, you can also apply for immediate arrest as interlocutory application along with petition before the Family court.
Answer #2
778 votes
Hai,

There is a lot much to do in this case. but first you need to be sure about what to do with the future. Simply filing a case against them means throwing you to straight to the streets. Is there any chance of a re-union, the issue may not have raised from a simple/single day issue. Finding the root and mending it back is not a simple task. All these can be done with a proper guidance and series of talks. Its time to meet your lawyer fast in ur locality. A civil lawyer will do.
It better to file a return of money and maintenance case against them at the earliest. U will get the option of a counselling/mediation and even an opportunity to attach their belongings at the first strike itself. Dont go for Restitution/ Domestic violence cases. it will ruin any chanz for reunion.

Hope am upto ur query
Answer #3
768 votes
You can very well approach the Family Court for recovering the money and gold retained by them. If you want maintenance and wants to reside with your husband or divorce , you have to file petitions before the Family Court.

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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