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pleasehelp (n/a)     21 August 2013

Plz help

hello all,

i need some urgent advice.i  got married in march and got separated in october. My parents came and took me and i hv been living with them since then. The reason for me to leave were multifold. My husband treated me very badly. He has abused me a lot of times. he doesnt hv gud relations even with his own siblings and parents due to his ill manners and bad temper.  he turns into a psychopath when he gets angry and himself admits that he doesnt know wat he is doin. I also found out he takes insulin injections secretly .My inlaws are very influential but greedy manipulative people living a fake ostentatious life. They have tortured me lot of times regarding insufficient dowry and their expectations of having more in order to settle down their kids.My elder brthr in law is also a divorcee who used to beat his former wife too. They have many cases running in the court regarding property etc and even one where my husband beat his own relative. It is impossible to live a peaceful life in that house.

We decided to go for mutual consent. My parents agreed to each and every condition .my father didnt want to take things to court  because a) My inlaws are very influential and cunning people b). It would delay the matter c).He is concerned of our reputation. They had send a mou which states the terms and also that "they have agreed to withdraw under section 9" of which we hv received no notice watsoevr. They still have all my educational documents,passport, dowry items,jewellery,car, etc. We hv even not claimed for istridhan,maintenance,alimony or nything. We just wanted our stuff back. I had a lavish wedding where my father incurred 35-40 lacs. Now after 10 months we still hvnt received any stuff back and we have a percetion that they have no intentions regarding returning our stuff. Now we have decided to file a case. Kindly give ur much needed advice how can we go about it.



Learning

 9 Replies


(Guest)

@ querist,

 

1. It's better if you start via caw cell,they will conduct mediations for you and your husband,just place your greivances there and ask for streedhan. According to the councelling the further actions will be taken against them.

 

2.Hire an agressive and honest local lawyer who could lead you out of this hell.

 

3. Concentrate on your job and future.

 

4. Leave all emotions and thinking of your husband as he will never be corrected even though by SC court.

 

5. Try to settlle your case through amicable settlement by asking your all strredhans and your documents.

 

6. Go for MCD or not agreed then go via 13ia HMA 1955.

1 Like

pleasehelp (n/a)     22 August 2013

Thanks for your reply.

I just wanted to know that its been 10 months of separation and we hvnt filed a case yet...ll it b a disadvantage?

also what are the complications of them hving filed petition under section 9 earlier (we have rec no notice regarding the same, it was mentioned in the mou which came in dec thru email)

I have some proofs of photos of my dowry items but not all....and witness is also there that i brought just 4/5 clothes when i got back home. They still have my professional/educational documents and passport so i m nt able to do job.

My husband has sent me 2/3 messages agreeing wat he did was wrong and that he wud mend his ways. ll it go against the case?

we have made up our mind to file a case and our lawyer has made a fir(which is to b lodged yet) under section 498a,406 IPC and section 3 of the dowry(prohibition) act. Are we in the right direction?

Kapil Gupta (Advocate)     22 August 2013

Dear client, you should contact the Women's Commission and report your matter to the police. If you want divorce, you should engage a lawyer and file for that in the court.

For anymore help, you can contact me on my e-mail id or my mobile.

                        Thank you.

1 Like

pleasehelp (n/a)     22 August 2013

Thanks for replying.

Yes i want a divorce.

"our lawyer has made a fir(which is to b lodged yet) under section 498a,406 IPC and section 3 of the dowry(prohibition) act. Are we in the right direction?"

kindly suggest whether the fir prepared by our lawyer is appropriate and from the above stated facts, will there b any complications if we go on with the case?


(Guest)

Originally posted by querist

 

Thanks for your reply.

I just wanted to know that its been 10 months of separation and we hvnt filed a case yet...ll it b a disadvantage?

 

what kind of disadvantage? if you don't want to live with him then no other case is suited other than 13ia HMA after completion of 1 year and 13 ib HMA after completion of 2 years seperation.

also what are the complications of them hving filed petition under section 9 earlier (we have rec no notice regarding the same, it was mentioned in the mou which came in dec thru email)

 

Even you have not recieved any notice or any summons then let yourself to be as exparte, but it's better to answer the RCR petition to avoid malacious intention of your husband. No order of RCR could force you to join with him.It depends on your will.

 

I have some proofs of photos of my dowry items but not all....and witness is also there that i brought just 4/5 clothes when i got back home. They still have my professional/educational documents and passport so i m nt able to do job.

 

Keep it safe at original media, it will be useful in your 406 case. No need to worry they have to return all your streedhan along with your documents.

 

My husband has sent me 2/3 messages agreeing wat he did was wrong and that he wud mend his ways. ll it go against the case?

 

Later on you can use this at evidence stage of your running cases It will be very useful to you.Keep it safe in the memory card of your phone without tempering it.

 

we have made up our mind to file a case and our lawyer has made a fir(which is to b lodged yet) under section 498a,406 IPC and section 3 of the dowry(prohibition) act. Are we in the right direction?

 

If you have enough evidences against him and your husband is nothing MORE than 498a and other cases then go ahead but before this i would suggest you to go for amicable talk for your all returns and ask for MCD.

Note: dp 3 can led you and your family in gr8 trouble if you will commit as dowry been given to them bcz dp3 is read as Giving and taking Dowry is both termed as crime. So think before lodging such statement.

1 Like

pleasehelp (n/a)     22 August 2013

Thank u "sufferer" for ur valuable suggestions. 

We discussed section 3 dp with our lawyer and he says that theses cases are filed this way only.

I hope everything goes fine.

pleasehelp (n/a)     22 August 2013

Also i want to know are marriage expenses recoverable?


(Guest)

NO your lawyer will create mess for you,Iam sure as per your statement in your query as your husband and his family are influencial and your husband is short temper then going for dp3 and giving your statement in written that dowry been given will only backfire your case.

There are several judgements on this dp3 where both sides been accused of giving and taking dowry. If your father or brother is Govt. job then it's more dangerous as they will simple make a case on them as dowry given by them. You can't ignore this truth.

Now It's your choice to proceed with such cases.

pleasehelp (n/a)     22 August 2013

thnx once again

We have been in a fix fr so long. We tried many meetings thru middleman but they have refused to either pick any middleman's call or have any meeting.

All the efforts of mutually settling the case are going futile. So many times mou have been made. My MIL says she would agree to give the jewellery in d first motion and the documents,car,clothes etc in the second motion. We agreed however she has cut so many dowry articles saying she has lost them.

Anyhow we agreed to that too. Sometimes she says she filed the "section 9" in feb and sometimes says that i left in october so it has to b a year of separation so we will have to wait. We are tired of the games now and have full faith they would nvr turn up for second motion as they want to keep using the car and stuff and harrasing by keeping my documents as hostage.

What steps should be taken. She is very adamant . I want my documents and stuff asap so that she has nothing to delay the matter anymore


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