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Deepak (TL)     13 July 2010

How to get justice

Hi All,

I am brother of such a person who has looking for justice. My Sister got married in june 30 2007 where those family memeber & by groom himself he has given wrong information about his education his earning everything my dad by mistakely beleive them & My sister got married along with all the house hold & 3 Lacs INR as dowry .

 

Then after 2 month they people demanded more even  i have transfer again 50K to his account then also they didn't stop torturing to my sister then she came back to my parents house then after they didn't come to meet my sister this thing continue till now around 2 year of separation now that guy got married to another girl with-out taking divorce from my sister & also without  informing anyone .

 

So in this case can any body help me to give justice to my sister . what is the way we will put a file against those family ?

 

 

Advance Thanks from

Deepak & FAMILY...



Learning

 9 Replies


(Guest)

Some thoughts (assuming marriage done as per Hindu Marriage Act):

1. Think / discuss internally the 3 Lakhs + 50 K paid till date to grooms family, is it your family's legitimate income / earning / taxable income used for meeting dowry expenses ! This may sound too blunt but this looks case of giving and taking Dowry which are both punishiable under S. 3 / 4 DPA for both sides of family. Now depends who files it first :-)


2. The act of your BIL is called Adultry and is punishiable under S. 397 IPC for 5 years. You need to collect evidence of his second marriage before bring suits to Court.


3. Justice is a far cry for both sides hence I will not shed light on it more than following options;
(a) S. 498a IPC
(b) S. 3/4 DPA
(c) S. 12 DVA
(d) S. 125 CrPC
(e) S. 13 (1) (i) (ib)HMA R/w S. 24 HMA
(f) S. 397 IPC


4. The more important thing here is what does your sister really want?


5. You may discuss above and many more modalities of Justice delivery sysem in India by searching databse of LCI members.

Regards.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     13 July 2010

DEAR ARUN JI,

IPC 397:: Section 397. Robbery, or dacoity, with attempt to cause death or grievous hurt. If, at the time of committing robbery or dacoity, the offender uses any....

PLS CORRECT IT AS S.497.

MY HUMBLE SUGGESTION TO THE LCI MEMBERS  ,PLS RENDER YOUR SERVICES IF HAVE ANY EXPERTISE/PRACTICE IN THE FIELD OF LAW. OTHERWISE THIS FORUM MAY CARRY WRONG SIGNALS TO THE COMMON PUBLIC.


(Guest)

Sh Reddy Garu,

Thank you. I stand corrected on my fast typo. errors !
Rgds.

Arup (UNEMPLOYED)     13 July 2010

SH ARUN JI IS CORRECT. MAY PLEASE FOLLOW HIM.

DESIRED STRONG RESULT YOU WILL GET U/S 494 IPC FOR BIGAMY (NOT 497 - IT PERHAPS NOT APPLICABLE IN YOUR CASE) ; IPC SEC 498A & DV ACT FOR - CRUELTY ETC; AND MAY PRAY DIVORCE U/S 13 (1) (IA) OF HMA.

 

MR DEEPAK AND MR REDDY : ATTENTION PLEASE.

 

494. Marrying again during lifetime of husband or wife.--Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

Exception.-This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

497. Adultery.--Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

Pranjal Srivastava (Lawyer)     13 July 2010

Mr Deepak

Arup Sir is right 497 IPC will surely not applicable in your case 

Unbiased Advice (Advocate)     13 July 2010

Mr.P.Janardhana Reddy has no business to say that , Mr.D.Arun Kumar should not advise on this Forum, I Saw Lots of Answers as far as Family Law is concerned Mr.D.Arun Kumar is Far better than some one who do copy paste of text from some other sources and when it is replied with full of grammatic mistakes ,If Mr.Arun Kumar has done one typing error it is seen in wrong advice common Mr.Reddy don`t be hippocratic? 

Deepak (TL)     13 July 2010

Thanx to every one to suggest some thing fruitefull ..

 

Yeah Arun Marriage happens on Hindu Act . And that being a big mistake for giving Dowry .

 

Thanks a lot to all of you ..

Regards

-Deepak & Family

Deepak (TL)     14 July 2010

Yes Definitely . She is my one & only sister  U can't imagine how much i loved her .

 

I want to see all are in jail for long time so that next time no body didn't think such kind of things .

Again lots & lots of Thanks to all the member .......

Regards
-Deepak


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