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ramk (Developer)     17 August 2015

Dowry harrassmemt on my sister


My sister had been harrassed by her husband and his families. He has cheated our family by said that earning salary of Rs 50 to 60K. So we put the jewels demanded by them
Later we came to know he has cheated us. So my sister kept all jewels under her controls. Due to that he left her in the city and went to his hometown.
We also had a lot of discussion with his families. It does not work. We went to police station and filed a case against him and his parents too.

The police woment discussed with him and he said that he took her with him soon. We beleived in that. After he filed a wrong case againt my sister in the court.

After that Police does not show the interest on the complaint. We also filed a case against on him on the court. But till now courst is postponing the case since one year

Is ther any way to finish the case as soon as possible. If he accept to take her its okay for the family otherwise we want to punish him legally

Is there any way to take the case in the court as soon as possible. ?

 



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 13 Replies

Srikanth   17 August 2015

What case did you put on the guy, isn't it 498 (A)? What case he filed against your sister in court??

SAINATH DEVALLA (LEGAL CONSULTANT)     17 August 2015

Better put the matter in detail to get the correct solution

Prasad (Systems Engineer)     18 August 2015

Hello Mr.ramk,

 

You wrote "He has cheated our family by said that earning salary of Rs 50 to 60K. So we put the jewels demanded by them".

 

That means you gave dowry.

 

As per dowry act, both giving and taking dowry is offence.

 

Then you wrote "Later we came to know he has cheated us. So my sister kept all jewels under her controls. Due to that he left her in the city and went to his hometown.".

 

That means you put jewels but your sister still kept it with her?

 

Did you spend jewels on your sister as an investment to get money from a man earning 50 to 60K?

 

What a disgrace to the marriage Sir?

 

So, what moral right your sister has to file a case on him?

 

If you want a good graceful life for your sister, please withdraw all the cases on her husband and talk to him to live with him.

 

Second marriage will be more uglier than first.

 

Please think.

 

If your sister lost all the love and trust on her husband, then let her pursue him for MCD.

 

Ler her not make him a criminal in the eye of law.

 

 

 

Laxmi Kant Joshi (Advocate )     18 August 2015

Give all facts of the case for correct and fruitful advice from the experts .

stanley (Freedom)     18 August 2015

@ author 

Once cases are filed the marriage is over . And remember you are already tired with the cases begining as you your self have stated what is the best possible way to finish the cases and than you state that you want to take legal action . Your are a confused person . Its better you file for Divorce by mutual consent or else keep running around courts for the next 5-7 yrs and spending your hard earned money .

ramk (Developer)     18 August 2015

Hello

I think everyone misunderstood. My sister husband married her only for the dowry. I accept giving dowry also Offense.

In our home town no one will marry with out dowry. Lets forget this topic.

My sister husband is expecting everything from my parents, even for the rice grocery and everything.After a period of time he is not interested to directly ask the jewels to my sister and my parents. So he left her in the home and went to his hometown.

We went to his home and asked why you left her in the city alone. He replied , i will do like that No one will ask me . Later some unnecessary talks were going on.

His parents also committed, with in one he will take her to home. But 2 months no answer .Everyweek we asked his parents they said the time is not good for him. We cannot call her.

Till then we did not really understand why they are doing like this. After 3 months, his parents called one of relations and said that to take her to his home along with  the all the jewels without leaving of single gram .

Here only we understood why this marriage is happened. Not for love. Its only for making money

We replied also we put all the jewels in the bank locker under both of you. He and his parents are not accepted , they want the jewels at his home for their own use.

How we will accept this.Thast why we went to police station and not filed a case asked the police women to warn him and his parents and advice them.

At this time he asked us 2 months time, we waited for 2.5 months he did not call her. Again we went to police station , they called and talked with them aggressively

He filed a case against my sister saying he is torutring thru phone and because of her he lost business  and also he said my sister aborted baby by hitting her stomach by herself

Any women will do like this?

This is what happened  , the case is running since one year,

 

Now please tell me any suggestions please to punish that demon

 

 

Prasad (Systems Engineer)     18 August 2015

Hello ramk...

 

Your reply is contradicting. Why?

 

First, you wrote that "his parents called one of relations and said that to take her to his home along with  the all the jewels without leaving of single gram .".

 

Then you wrote, "We replied also we put all the jewels in the bank locker under both of you. He and his parents are not accepted , they want the jewels at his home for their own use.".

 

If they want the gold for their own use, why did they first tell you to take your sister along with all jewels.

 

If your sister's husband asks the gold for valid reasons, why doesn't your sister give the gold to him.

 

Why is your sister not believing and giving the gold to her husband?

 

Does your sister need Gold or her husband?

 

Sir... Please answer.

 

But Sir... If your sister has lost all trust on her husband, then she should file DV case on him for demanding gold as jewellery.

 

But such actions are waste of time and energy and finally will end in divorce after 5 to 10 years.

 

So, please pursure for MCD.

 

Else, if your sister wants to save the marriage, then she should talk to her husband, give him the gold for any necessity and save the marriage.

 

If your sister does not believe her husband for giving her gold, then she should end this marriage with MCD.

 

 

 

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     19 August 2015

The entire episode put forth by the querist though not clear in expression,can be settled without legal hasseles.There are many families under going the same kind of problems from the matrimonial homes.Money mindedness and greed paves the way for disruption of marital lives.Though this cannot be treated a ground for separation.Can be set right by involvement of elders and mediators from both the sides.

ramk (Developer)     19 August 2015

Hello

We initially moved this issue by involving the elders and mediators. But the arrogrant parents of him  not accepting any solution. Thats why we went to Police station( not interested to file a case against him,we know that that the relationship wont be smooth afterwards) to warn him.

He only filed a case in court (wrong statements against my sister),

For Prasad,

If there is a love,definitely my sister would have trusted and gave all her jewels for his use. He always seeking his parents wrong advice and torturing my sister,because of Jewels not in his parents.

My question is, already case running since one year , there is no result till now. How we can  punich him legally. I never see such as person marrying someone for money.

 

 

 

prabhakar advocate (advocate)     19 August 2015

You are quite clear so far facts are concerned. But not clear exactly what you want with the relationship. You must understand some legal points to proceed further: 1. Dowry giving is not an offence punishable under law. So, you need not be apologitic for that. You rightly said that without dowry no marriage happens in your area. That is absolutely true. So, no one can punish you or your parents for offering jewels as dowry. 2. You filed a complaint before police. But police have not registered FIR, even though one year has passed. 3. What your brother-in-law did with your sister is (1) demanding dowry (2) forcing her to give her jewellery, stri-dhan, even though you people offered to keep it in joint custody, he refused for that and forced her to give it to him exclusively. Before taking any further action, you must understand, that once you file any case, the marriage cannot be restored. The relation cannot be developed by force. As he has proved himself a greedy swine, if you think that you should file cases against him, then: 1. If your sister is not employed, file Section 125 cr.p.c. case before the Magistrate for maintenance. 2. File domestic violence case before the Magistrate for compensation and if she wants to go there and stay there, for residential rights. 3. If you want to get rid of his headache, then talk to him and file mutual consent divorce petition. If he does not want divorce and still the girl wants it, then file contested divorce case on the ground of cruelty. Prabhakar - Advocate (M)9958670740 Legal Aid Panelist - Central Delhi (Tis Hazari).

ramk (Developer)     19 August 2015

Thank you very much

Prasad (Systems Engineer)     20 August 2015

Hello Prabhakar... 

 

ramk wrote "He has cheated our family by said that earning salary of Rs 50 to 60K. So we put the jewels demanded by them".

 

ramk is greedy that he put jewellary because his sister's husband earns 50 to 60K".

 

Even if "Giving dowry is not an offence", the giver should be apologetic for that.

 

How is it a less crime than "Dowry taking"? 

 

Not the dowry takers. The "Dowry givers" are keeping the Dowry system alive and settign trends.

 

Read the link below. "Dowry giving" is indeed an offence.

 

https://wcd.nic.in/dowryprohibitionact.htm

 

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3. Penalty for giving or taking dowry.-(1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:

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Prasad (Systems Engineer)     20 August 2015

Hello ramk,


Your idea of "giving warning to your sister's husband via police" is the most ugly idea of all.


What is police had to do in between a husband and wife?


You ruined your sister's marriage when you stepped into a police station.


So, as you wish, go ahead and file all possible criminal cases [DV, 125, 498a] on your sister's husband and tear him and his parents.


Make sure to file "maintenace cases" to get all his hard earned money.


All criminal cases that your sister will file is a double edged sword and will harm your sister as well, as she should be running around courts.


Or better get MCD and move away.

 

Please note. A woman who has filed criminal cases on her husband will have very tough time to get remarried. There are cases where such women are awaiting for more than 8 years for a remarriage.

 


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