Streedhan and maintenance
Username12345
(Querist) 31 May 2018
This query is : Resolved
Experts need your advice
I was being tortured mentally n physically right from the start of marriage. We have been separated since 9yrs (desertion due to dowry). Im taking care of my minor kid since he is born n stay with my parents. Due to misguidance of an advocate I filed 498A & DV in the place of marriage that is a different state instead of filing it at the place I stay. DV was going on for 4yrs n then dismissed due to my absence (ill health n surgery). 498A going on since one year. Till now my chief/cross has not happened (every time some or the other person is absent either the judge or the lawyer and always the opposition lawyer). I do part time job and tailoring to take care of my kid. It's difficult for me to travel on each date (dates are given every 10-15 days) hence, I wished to withdraw the case on a condition that my ex return back my streedhan which is in the form of FD (Streedhan half in form of cash and half in form of FD apart from other items). Also I asked that something to be given to the kid for his future and agreed to their condition of mutual divorce. But the opposition party didn't agree to either return the FD nor anything to the kid. They just kept stretching the matter by taking dates. Now the judge is rushing to close the case and giving dates every alternate days. I have told them and also give in written about my difficulty travelling plus my financial issues. Still this kept on going. Due to summer vacation getting reservation is difficult due to which I was absent and my cross got closed. Now I need to get my witness that is my parents & relatives. All of them are above 60 yrs and are sick due to illness. Last time I took my dad and the opposition lawyer was absent. This way its too difficult to get them to court. Hence I showed my wish of withdrawing the case. Now my question is that if I let go off the 498A and file for maintenance will I get back my FD given by my father (I have proof of all the transactions). Can court pass order to bank to release the funds. I do not have any income details of my ex but can the court give orders to the IT department to show the details of his earnings. I need something for my kid for his future but not even able to get his rights to him. Can someone please advise me as to what would be the good option to get back the FD which is hard earned money of my parents
Vijay Raj Mahajan
(Expert) 31 May 2018
As far section498A IPC criminal complaint is concerned that's the State case not under your direct control, you are just a victim/complainant there nothing more. The Judicial Magistrate shall decide the case after completion of the evidence of both sides, most probably that case will get dismissed and your husband etc will go scot free.
You should file independent petition under section 125 Cr. P. C in the Family Court of the district where you are presently staying and seek maintenance for self and children from your husband.
He is supposed to provide you all with sufficient amount of maintenance that will be ordered by the court. If he fails to do so he can even face imprisonment.
His sources of income and approximate income that you have to mention in your petition.
He will be pressed upon to bring on record his proof of income to let court to decide the amount of maintenance to be paid to you all.
Vijay Raj Mahajan
(Expert) 31 May 2018
As far the FD which is in your name, you approach the Bank to get the copy of the same and with that file independent civil case for recovery of the same from him if he's not returning it back or is not been recovered from him by the police.
Even if he's not returning in civil suit you can recover the money from the bank with help of court order in this regard. Bank will ask for some order for paying you FD amount if original FD is lost or destroyed that you will need to secure you money back.
Asgher Mahdi
(Expert) 31 May 2018
Rightly given answered by Mr.Vijay Raj and I endorsed his view.
Dr J C Vashista
(Expert) 01 June 2018
Very well analysed and advised by expert Mr. Vijay Raj Mahajan. Nothing more to add.
Consult and engage some other local prudent lawyer for proper guidance and proceeding.
Guest
(Expert) 01 June 2018
Court can't act on your behalf. What actions are required to be taken by litigants have to be taken by themselves, not by the court, like getting information about income even from the IT department or getting duplicate copy of FD after due formalities. You must know that even the FD, if opened by your father would have been opened with your own signature, not with his signature or your husband's signature. You can realise the amount of that any time from the bank on maturity or even before maturity with your own signatures even without the intervention of the court. However, if the FD was opened in the name of your husband, only then you would need the intervention of the court.
Username12345
(Querist) 16 June 2018
Thank you experts for your valuable advice. I will surely follow them.
Username12345
(Querist) 16 June 2018
Thank you experts for your valuable advice. I will surely follow them.
