Desertion
rini
(Querist) 26 February 2015
This query is : Resolved
SIR,
My husband and my inlaws have harassed me for extra dowry and other costly gifts since the fifth day of our marriage,my husband and my inlaws do not provide me any monetary,even though i fall sick,they leave me in my mother's home in order to avoid bearing all the medical expenses.I was married in may 2014,and conceived on september 6,since then I have been staying in my mothers home since then,on october 1 my husband abused me and my mother over the phone and since then he never turned up nor called me nor came home to visit me.My parents and relatives tried to resolve the issues and approached them on jan 19,but they refused to let us into their home,and said that until the mediator comes along with us they will not talk to us.So hoping to resolve the issue we called them again on feb 1 to come to my maternal home,but they did not turn up,instead they have sent me an undersigned private lawyer notice stating that I should join my inlaws and husband.My inlaws and husband are cold hearted,they have deserted me and now blaming me that I am not willing to join them for no reason.My lawyer keeps dragging and has not given reply to the notice yet.On 21 feb i have filed a complaint against them in the womens cell and they have called my inlaws for counselling and negotiation on march 4,but i am afraid that they might send one more notice within this time in order to avoid coming. So my question is what are the other possible ways of sending me one more notice by my inlaws? My inlaws are withholding my academic certificates and also depriving from physical resources like clothes and personal belonings.They have refused to give when my parents approached them.Please suggest a way to get out of alL this,my lawyer is quiet slow how should I approach,should I file case against my husband and ny inlaws? Or go through some other way?
Nadeem Qureshi
(Expert) 26 February 2015
Dear Rini
Immediately file a domestic violence case against your husband and in-laws before Magistrate u/s 12, 18, 19,20,22 & 23 of Protection of Women from Domestic Violence ACt-2005 and claim protection, residence, compensation, maintenance from them.
you may also file a criminal case u/s 498A/406 of IPC for demanding dowry and not return your stridhan.
but all the above proceedings should be initiate when you think that there is no chance for amicably settlement.
Feel free to Call
ajay sethi
(Expert) 26 February 2015
if you are not happy with your lawyer you should engage another lawyer . your inlaws have no right to retain your academic certificate . file DV complaint under DV case and seek right to stay in matrimonial home or alternative accommodation . also seek maintenance . reply to legal notice must be sent
Rajendra K Goyal
(Expert) 26 February 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Withholding-my-personal-belongings-and-certificates-522466.asp#.VO8Ng3yUePw
R.K Nanda
(Expert) 26 February 2015
no more to add.
