Not Important (Manager) 21 May 2014

dowry complaint in just after a year of marriage

Hi. I was married last year in April. My wife left home in Dec. In may this year she has put a police complaint on me for dowry. She is asking to file for mutual divorce with significant money to take the complaint back. The lawyer is preparing the petition. Question: section 13 b of hindu marriage act state sthat for mutual divorce the couple mist be seperated for one year. For us its been just 5 months. Can someone help explain if its possible to file for divorce in this situation? Is one year including the 6 month cooling period?

Reply Follow

3 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice) 21 May 2014

You have to made out your case...as per the proviso of Sec. 14 of the act...

Adv Archana Deshmukh (Practicing Advocate) 21 May 2014

The petition u/s. 13-B can be filed only after one year of seperation and in your case it is only 5 months. So, technically speaking it is not tenable. Also when you file the petition, 6 months waiting period shall be given which is over and above the previous one year period of seperation. the previous one year period is a condition precedent to file the case.

Sugam Dayal (Business) 27 May 2014

If the case if 498(a), she cannot withdraw this criminal complaint nor it can be compromised as this being made for offences which are non bailable, non compoundable in nature & only the High court can quash these under its inherent powers (U/S 482 Cr.P.C).

So we have to fight that case. so fight it and win on merits.

Unless this case is closed, do not go for any divorce settlements.

once this case is closed and you want to go for divorce, try to opt for month alimony and adhere by it and dont go for lumpsum amount