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Can I get my mutual divorce case reopened and file a dowry case
06-Dec-2023 (In Divorce Law)
I m hindu .I m living saperatly from my husband since last two years on asking him he is not ready to keep me than we filled mutual consent divorce and I refused for divorce and case was dismissed. Can I file dowry case against him now .his sister kept all my jwellery on the second day of my marriage. And due to mental stress we have not read the papers of mutual consent divorce case and signed them my father was also in mental stress .my father spend 17 lakhs during marriage and he is only returning 8 lakhs which he had taken in cash .please guide me I can't understand what should I do and from two years he is not giving me a single penny .now from one year I m in government job.
Yes, you can file a criminal case under section 406 indian penal code for returning of Stridhan and you can file dowery case under section 498 A indian penal code and under sec.3 and 4 of dowery prohibition act. before a criminal court of law. And also you can file a case for maintenance before family court and you also claim for residence in shared household under section 12, 18, 19, 20, 22, and 23 of the protection of women from domestic violence act 2005 before judicial magistrate first class. Thank you
Adv. Rajesh Kumar Singh
Allahabad | 25+ Answers
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File Maintainence case & start getting maintenance from very first day, later file another case for dowry but with certain proofs, along with cruelty towards you. You need to hire better than ordinary lawyer to help you effectively.thanks.
Adv. Anurag Bhati
Greater Noida | 400+ Answers
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Although you can file dowry case but it is necessary for us to go through your papers of settlement and case because there are many things to consider and have to see what is terms and condition so better you hire good lawyer and get help from him
Adv. Lubna Ishrat
Noida | 200+ Answers
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आपके अनुसार आपने mutual divorce दाखिल किया था, जो dissmiss हो गया | इसका मतलब ये हुआ कि आप अपने husband के ऊपर हर्जे खर्चे का, दहेज़ उत्पीडन का, या तलाक आदि का मुकदमा करने के लिए इस समय स्वतन्त्र हैं | किन्तु ये तभी संभव है कि जब आप और आपके husband के बीच इससे पीला कोई लिखित सुलह समझौता न हुआ हो क्योंकि यदि कोई समझौता हुआ होगा और उसमे आपकी स्वीकृति होगी तो उस समझौते के हिसाब से ही कदम उठाना उचित होगा |
Adv. Rajiv Rai
Ghazipur | 25+ Answers
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If you have refused to get divorce by mutual consent then definitely you can now file for divorce on the ground of desertion and cruelty. However since you have signed a documents for mutual divorce wherein they will use that document against you. however that will not be of much use as you refused to get divorce by mutual consent. You can also file criminal case and seek maintenance from your husband.
Adv. Rohit Kumar Singh
Delhi | 100+ Answers
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