dowry case pending in women cell
raminder singh
(Querist) 09 May 2009
This query is : Resolved
my sister's dowry case is pending in women cell. We want to file the case against her in laws as soon as possible but the women cvvell people have been delaying it for too long now.
Her husband admitted few dowry articles and falsely stated that jewellery was taken by my sister with her.
He has not returned the articles admitted by him.The women cell people gave him a weeks time without our knowlege. Even after week when we went there they said that case could not be registered as everyone was busy with elections.
We also wanted to see all the written statements made by them to womencell at various dates but they refused to show that.
We also want that the maintenance of my sister and her 4months old child be started as soon as possible.
What all critereas are seen while deciding on the maintenance?
Is there any means by which he can escape maintenance asying that he has no income?
He has not kept any property in his name. He has two plots in the name of her mother and two shops given on rent in the name of her mother.
he has no permanent place of business.
Also suggest us how to deal with women cell people if they try to delay more?
adv. rajeev ( rajoo )
(Expert) 10 May 2009
when women cell is making dealy, immediately file a private compalint and also complaint unde Domestic Violence act, which is very effective. Husband cannot avoid to pay the maintenance. Thru., the child ur sister can file a partition suit aginst her husband and mother-in-law stating that the 2 plots which are in the name of the husband's mother are purchased by ur sister's husband.
I think ur sister's mother-in-law is house wife, she has no income independently.
It is better to file a suit for partition taking all the above said contentions.
MANISH
(Expert) 10 May 2009
Dear friend,
You may file an application u/s 156(3) before the concerned Magistrate of your area directing the police to register an FIR.
For maintenance, you may file a case u/s 125 CrPC before the Magistrate.
Further, you may file a case under Domestic Violence Act, 2005 before the Magistrate seeking the reliefs as stated by Mr. Prabhakar.
However, if the CAW cell does register a case in the meantime, then there is no need to file application U/s 156(3).
If you are in Delhi, you may contact me at 9891115558, in Rohini District COurts or at Delhi High COurt.
Shashwat Shukla
(Expert) 11 May 2009
Dear Mr. Singh,
My ld. brothers are right. All the options are open for your sis and you may opt any one.
Best of luck friend
raminder singh
(Querist) 13 May 2009
Thank You friends for your suggestions.
Now the Fir has been filed The police said that first they will make an investigation into the matter which may take more than a month and only then any action can be taken.
Is that right?
Also, someone told me that according to a recent high court judgement girl cannot demand maintenance if she herself is earning sufficient money. Infact in some cases she might have to pay the maintenance. Because of this my sister is reluctant in doing the job.
Kindly advice
B.B.R.Goud.
(Expert) 20 May 2009
i do agree with learned friends Mr Prabhakar.
for further you need to consult the suitable advocate of your locality.
