How to prove dowry harassment

Managing Partner

I just wanted to add a conversation between Oskar Schindler and Amon Goeth from the movie..Schindler's List....thought it might help...

 

Oskar Schindler: Power is when we have every justification to kill, and we don't
Amon Goeth: You think that's power? 
Oskar Schindler: That's what the Emperor said. A man steals something, he's brought in before the Emperor, he throws himself down on the ground. He begs for his life, he knows he's going to die. And the Emperor... pardons him. This worthless man, he lets him go. 
Amon Goeth: I think you are drunk. 
Oskar Schindler: That's power, Amon. That is power.

 

Vikram


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Software Engineer

@Vikram

I really appreciate your view and completely agree with you...i also understand what you say about power above...i too think she should more worry about giving her own a second chance instead of destroying her husband's life.

 

but cant this poor girl file for divorce right away...does she really have to wait for 498A to be finished...i know she can get MCD in 6 months and a contested divorce will take 2-3 years or may be even more...but wouldnt it be the right thing to do...


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housewife

I have no beauty left to be groomed

I have no dreams left to be fulfilled

I have no desire to get married again...I am better off alone

my parents can take care of themselves

I have decided to adopt a child from an orphanage

 
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HI,

 Dont get deppressed .. life has long way to go  if you really  want your husband talk to him and try to resolve outside the court, with out wasting time .  as these cases will carry long way  for years  wasting your valuable time.

 
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Managing Partner

 

Some questions come..

1) how much educated is she? Will she be able to work with the qualification she has..or she need more education..

2) How old is she?

2) Does she have a baby? If No then good.

 

If she is educated and not working now..she has to see what are her chances of getting a job..does she have a professional qualification...I can see that she is a housewife...

 

Will she be able to work after a divorce..after a mental trauma...? She has to make herself mentally stronger..it will take time to be normal..

 

She should definitely file for maintenance...either 125 CrPC or Dv (Already filed)...if she cannot work right away..

 

In my opinion..she should ask her husband ( or in the court) to pay for a good professional qualification ( in case she does not have one) in a good univeristy (Anything that will get her a job after she finishes her degree) ...as a settlement amount...and should go for MCD..

 

She can file a quashing petition in the HC..u.s 482 CrPC..with the condition that he will pay for her education etc etc..

 

This is not wrong..because she is asking only for the fees for doing a professional degree...No husband/Court should disagree with this...

 

With this she can study and then work on her own..

 

This is my view...one needs money to raise a child from an orphanage...one needs to be self sufficient first and then raise a kid...there is no short cut..

 

Vikram


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Software Engineer

she should get some compensation in her DV case right? she can use that to get herself a career/job.

gimme a better reason why you think she should withdraw her cases.


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Worker

General assumptions of wife-side.

 

Laws are favouring women.

 

We can agree for settlement any time as per our wish. Why not harass husband & his family till then & enjoy the fun.

 

against our wish, the husband cant get divorce & remarry & settle in life. So - its the husband-side who needs compromise more than wife-side !

 

If the husband side is rich & prestigious, they are more vulnerable.


incidences of beggers', hawkers', poor workers' wives filing 498a are rare.



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LAW STUDENT

 

incidences of beggers', hawkers', poor workers' wives filing 498a are rare.


Amit, this line shows how you husbands have mentality towards your wives..You harrass them like above persons and expect wives to bear all them silently?


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Scientist/Engineer

 

Dear Dowry Victim:

 

 

I read your post and the responses in the chronological order. I got demoralized further and further going down the post until I came to Swetha, when I got a whiff of air.

 

In this forum most males are 498A or DV Act victims, members of SIFF or just plain male chauvinists. So do not expect sound advice from them. This may apply to your lawyer also, whether male or female.

 

You say you have complained under Sec 498A and DV Act. You have also stated that it is 6 months since you filed. Did you file the cases alone or with the assistance of your parents or other blood relations?  What all have happened in these 6 months? Were your husband and in-laws arrested? Where is each one of them now? Are they out on bail?  How long were they in lock-up or jail? What is your father-in-law? What is your husband?  What is your father? Where are you now, in the matrimonial home or in your parental home? Are your parental home and matrimonial home in the same city, town or village?  If not how far from each other are they? Are your parents and your brother, if you have one, help you to fight the case financially and otherwise?

 

Shwetha has answered most of your questions and has given you advice as to how to go about. In this country it is near impossible to get the guilty punished. That is the reason why our law makers have devised laws that will first punish the accused and then proceed against them and acquit them. So if your husband and in-laws had already been in jail, be happy even if they get acquitted in due course. You may have to spend money until the case is concluded. But your husband also is in the same boat. Your father-in-law advised you to give money to your husband as he needed that. I do not know why he needed money then. But now I know that he will need money not only to fight the case but also to finance all the links in the law enforcement chain. Are you going to give him money for that, certainly not?

 

You proceed at your own pace and don’t get disappointed if he was not punished in the end. He may have already got the punishment. If your husband comes for settlement, you not only recoup the money spent but also claim good compensation. Have you got a child? If so, claim his/her maintenance too.

 

I am sure that when you filed cases against your husband, you would have decided to part company with him. Or do you still hope to join him?

 

Some people are advising you to take things lying down and that your wisdom lies in that. If you also feel so, follow their advice.

 

I wish you good luck and justice. Finally I say that I am a male and not a female.


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housewife

thank you so much...

I filed the case with the help of my father and brother...my husband was in jail for one day and parents-in-law are out on ACB..i am in my parental home with my matrimonial home being just 3 km away...my father is a retired employee...my husband is a software engineer...i dont have kids....my father and my brother are helping me manage my legal expenses...

my FIL is far from retirement age but does nothing...only watches serials and news al day long in TV...my husband needed money all the time for a lot of different reasons...

they want to go for out-of-court settlement but i am not interested due a lot of different reasons.

1. they think marriage is a businees deal and a good source of income...if it works it works...and if it doesnt just go for MCD and hunt for a fresh victim...i cant let them destroy anybody elsez life...

2. i had once considered settling things amicably, but the moment i responded, they started demandiing me to withdraw my cases..they said they would TALK (returning me my things comes later only after we talk) only after i withdrew my cases...i gave up on this idea the very day as this didnt at all sound right to me...

3. after that they came to my lawyer a couple of times telling him that we can talk and that i need not withdraw my cases until things are settled but I should stop the legal proceeding and stop going to the court until then..this again didnt sound right...so i never even responded...

4. now they have started comming to my lawyer and say that they want to sit and talk and settle things right away...but they always slep for 3 weeks and come only 2-3 days prior to my DV case date and say that...i understand the moment i agree they will leave the talks half way and ask for an adjournment date in cthe court on the pretext of negotiations for out of court settlement...

5. Lastly what is the need to sit and talk...my requirements are clear...i want everything thats mine back...i dont need to sit and talk and fight for my own things outside the court like this...i would rather fight in the court...

my lawyer was right when he said i should hav asked for huge amount of money because they always bargain...but i made it crystal clear that i want my things back..so they are bargaining...let them keep bargaining...


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