Require suggestions
Y P Sharda
(Querist) 05 January 2014
This query is : Resolved
My daughter got married in October 2012. It was a love marriage and she has lived with her husband for barely 10 months in her matrimonial house. She was thrown out of her house after an argument with her husband. The husband was verbally abusive and in the past has attempted to drop her at our house 4 times during the period. Post the incident mentioned above that she was not allowed by him to enter the house. Since the house was on rent, within one month of the incident he vacated the house without informing us about the same. Since the time she was thrown out of the house we were requesting him and his family to give us the house keys so that my daughter could go back but they kept on giving excuses and finally one day he sent her a message saying the hose lease expired so he had to vacate the house. He ran away with everything that was there in the house including her everyday wear and other things. He and his family completely seized any contact with us even though my daughter was regularly calling him and messaging him and emailing him.
We lodged a complaint with the CAW cell after 2.5 months of frantically chasing the family. Its been 2 months since the case is with CAW cell. He refuse to take her home.
We had complaint about the domestic violence meted out to my daughter but now we have learnt that CAW take complaints regarding 498 which falls under Dowry Act. But in case we do not want to pursue Dowry case and instead Domestic Violence, what should we do? Kindly advice on the same and the justice we can get.
FYI: The husband after vacating the house is very much staying in Delhi with a relative of his while he has told us that he is going back to his hometown leaving everything behind. He has 2 established businesses here in Delhi but says earns just 12k a month when the rented accommodation was in Vasant Kunj and the rent alone was 27k per month.
ajay sethi
(Expert) 05 January 2014
it appears to be a repeated query . facts seem familiar . anyhow file complaint under Dv act against husband and seek necessary reliefs . contact a local lawyer
Devajyoti Barman
(Expert) 05 January 2014
You can indeed file case under PWDV Act wherein you can claim maintenance for your daughter including her right for residence.
Do contact an advocate.
Rajendra K Goyal
(Expert) 05 January 2014
Case should be filed under DV act, contact a local lawyer.
Y P Sharda
(Querist) 06 January 2014
Yes going by the cases mentioned here in the forum it seems every second person is going through the same problem in their married life. My daughter earns handsomely so I do not think maintenance is something we need to ask for as the guy has already said he earns 12k only. Can we not also register a case of cheat and fraud on him since no well-educated and independent girl would ever marry a guy who earns just 12k a month but at the time of the marriage he showed us to earn nothing less than 60k-70k per month? Also since my daughter is staying with us currently, can right to residence be demanded? He can say he does not have a house so she can go stay with the parents in village but my daughter has a job in Delhi.
ajay sethi
(Expert) 06 January 2014
do you have his profile wherein he mentioned that he earns RS 70,000 per month . ?
you can demand alternative accommodation for your daughter
Y P Sharda
(Querist) 06 January 2014
No I do not have the profile but know where his office is. He has taken both the places on rent. The first is an investment business and another is a restaurant run in partnership with two other people. The lifestyle maintained is not of a 12k earning person as he has a car of which he is giving a monthly installment of 7k, apart from the rented accommodation that he took and other things he paid bills of. Is there a way we can know his real source of income?
ajay sethi
(Expert) 06 January 2014
contact detective agency .
Devajyoti Barman
(Expert) 06 January 2014
Ask the court to direct him to submit I-T return in court.
S.QAISAR ALI ADV.
(Expert) 08 January 2014
you must file a case against him in some competant court through local lawyer.
