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(Guest)

Please advise on dv and 498a case

Dear All. 

I got married in 2010 to a man i thought was the my dream husband. but sadly within 9 months of marriage he and his family members kicked me out of the house as my father refused to transfer half of the propery that belongs to me onto his name. we come from a middle class family and gave 8 laks dowry and 40tolas of gold which is mine. my father has said that the property rightfully belongs to me and will not transfer it onto his name as my husband wanted to sell all myshare of property. prior to marriage my parents had told my husband and his family that no property will be transferd onto the boys name and they were fine with this. they acted so happy that they were getting me into the family they behaved as though they were the most lucky people in the world to have me as their daughter in law. but within 2 months of marriage my inlaws interferred in every aspect of matter between my husband and me including our private affairs. i am highly educated with a master in biotechonolgy from the UK and prior to marriage was earning 1.5 laks pm. but after marriage i decided to take a break for one year. after a few months my husband was having financial trouble, as he took a loan from the bank and did not pay any installements. he did not tell me any of his loans liabilities and after marriage told me he has loan of upto 20laks. i was very upset and told my parents, my parents told me to adjust and asked to me work and help my husband. i told my father in law i will start working, but he stopped me from workin and so did my husband, they threatened me that i should be a housewife, but before marriage they agreed for me to work and study after marriage. but after marriage everything changed. my mother inlaw used to keep all my gold in her locker and the locker name is in my father in laws name. she used to wear my gold and tell everyone it is hers. they threatened me that i should never take the gold to my mothers house. because of all the financial trouble my husband, my parents gave him a loan of 7 laks, where he agreed to repay back 30000pm. but he only paid 2 payments. my husband kicked me out of the house saying that he does not love me cause hes not getting any property or money. my father in law hit me and told me that if my parents dont give me them the property they will divorce me. i came back to my parents and filed a 498a case and dvc case. but my husband not attended a single court hearing for the dvc case and is now ex-parte. he has left to overseas dont know where and he comes and attends the 498a case. they have got a stay order for dvc case from high court. i would like to know and take advise on the following. i would like to go back to the UK and do my phd for which i got scholarship. they have kept all my streedhan cash and other gifts that belong to me. they refuse to return it to me. 

1.  is it absolutely neccessary for me attend every court hearing, but husband has evaded so many. can i make him run around like how he has made me. he is ex-parte now.

2. can i go overseas and study. will this cause any problem for maintaence and return of my streedhans. if they sold all my gold, can this be compensated?

3. how can i make sure he doesnt leave india? i want to solve this problem quickly and get on with my life.

4. i want to give divorce, but he is not coming forward to return my things or talk about divorce.he is not returning my emails, he has changed is number and i dont know how to contact him, his parents dont want to talk either. .  

they have seemed to manage with every authority and bribe many people so they are safeguarded. 

Please give advice. i am currently in process of getting stay order vacated. 



Learning

 13 Replies

M.Sheik Mohammed Ali (advocate)     05 January 2012

where are you from ? 


(Guest)
andhra pradesh

(Guest)

during the 9 months of marriage i underwent mental and physical torture. my in laws made me do all housework and husband kept making fun of my looks my dressing, the way i eat and made fun of my family. my parents gave them money they treated me like a queen till the money is finished, after that it was back to normal and they used tell me go to my parents house and bring more money. 


(Guest)

i have already file dv case, but they have obtained stay order and the court is taking own time to help us. what will make my dv case move faster. what can i do??

yes ur right, never marry a man who lives with his parents. my husband is highly influenced by his parents, which unfortunately i found out only after the wedding. 

Ratnesh kumar (Advocate)     05 January 2012

u can file another case for 498(A) since your laws ask for the money every time amd it is a type of dowry , so file it either in police station or in court, and if u feel that there is no chance of settling down with him asa family just gte out of it and also file divoerce

rajiv_lodha (zz)     05 January 2012

Old folks are made 2 suffer at the hands of these terrorists this way. Can a peaceful life be ensured by SNATCHING THE BOY FROM HIS PARENTS?

1 Like

N.K.Assumi (Advocate)     06 January 2012

Thanks Zeeshan.

1 Like

(Guest)

this may seem like a made up story, trust me even my lawyers asked the same questions as well. my family members when they in intervened to help us out asked the same questions to the boys family and all there replies was transfer the property. the boy works for a mnc, he completely supports his parents. his parents lost all their property to bad loans. he is the soul earner of the family. and they wanted to get rich overnight by taking everything that we had. they did not want me to work, as they thought i will start to dominate them. they wanted free money. 

GVL NARASIMHAM (ADVOCATE)     06 January 2012

U need not go to all the adjournemnts in dv and 498-A case,. You engage good advocate and inform him that you will not be able to attend all adjournments. Your presence is required at the time of giving evidence in the cases. So you go and do your phd.

So far as return of gold and your stridhana property you file a suit for return of property. You file a case against your husband and in laws under sec.406 of ipc for criminal breach of trust for misappropriate your cash and gold ornaments.

If you are earning substantially you may not get any maintaince.

What relief you want in dv case. 

Whether the 498-A is case is registered or not. If it is registered your husband will come to the court to day or tomorrow. He may not escape from the case.

u will get justice, but it may take some time.

First you engage a good advocate  

2 Like

(Guest)

@utpala: thank you for your reply.


(Guest)

@zeeshan:

if you have any professional advise on helping me out about how i can solve this problem quickly so that i can get on with my life and leave this horrible incident that has happened me, please feel free to comment. but if u are going judge on think if my story is real or not, please dont bother replying back. you seem to be replying all these nasty comments maybe because you are looking for some time pass and someone to argue with pointlessly.

thank you


(Guest)

who r u to ask me for my husband email address??? utpala maynot be a legal expert, but atleast she understands my problem. 


(Guest)

Phew.

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