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sansh (not working)     23 July 2014

Harassing husband destroys evidence

My husband and his family are harassing me very badly since the marriage for dowry money. now he is refusing to let me into his house. what should I do? it has been only 6 months since my marriage and I have suffered badly. please let me know how to file for harassment and whom to contact in bangalore. what evidence should I produce?



 27 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     23 July 2014

Dear,

You can file a case of Domestic Voilence (seeking residence orders in the same house and maintenance  along )and  and register an FIR against your husband and in-laws u/s 498A IPC.

Find a local counsel at the earliest.

Advocate Kapil Chandna

9899011450

1 Like

Adv k . mahesh (advocate)     23 July 2014

once if you go through legal process then your marriage will be more in trouble so first make your elders talk to them and settle the issue if the issue is not settled then go for domestic violence case 

1 Like

sankar P (supervisor)     23 July 2014

@ Mahesh sir,

Well said sir... first Practical solution Verbally by elders. If all positive try will fail. second legal way may proceed, because both husband and wife needs to be understand will take minimum 1 year.

Thanks & regards,

Shankar.

1 Like

498A_fighter (NA)     23 July 2014

giving suggestion to anybody to file 498A as well DV case is not good idea  becuase it's only time consumiing process and at end result will be nill.lawyers who are suggesting to file the case now,same lawyers will ask to compromise on case once they collected their money.so it's better to talk with elders first if not resolved then settel amicably.becuase once you file the cases 99% only settelemt which can be done with out filling the cases.

1 Like

sansh (not working)     23 July 2014

Friends,

Thankyou for your immediate replies. He only allowed me to stay with him for 40 days after marriage and after that they have said if I do not bring money they won't allow. the elders have had around 2 to 3 rounds of talks but they have refused to let me inside the house. He is about to become a manager now and wants a wife who is his "status". Then my life would be ruined. I do not want a divorce. Please give me directions and show the way. 

Thankyou.

 

Kapil Chandna (Lawyer at Supreme Court of India)     23 July 2014

Dear,

 

Better file a complaint in Women Cell and seek the settlement thing there, thats the only way out possible.

gautam (not disclosed)     23 July 2014

If your husband and in laws are greedy and after dowry, why do you want to save your marriage?

Do you think you will be able to live happily with such a husband and in laws?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 July 2014

Dear Querist

first of all, file a domestic violence case against them before criminal court and claim all the relief as protection order, right to residence, maintenance, compensation.

secondly file a criminal case against them u/s 498A/406 of IPC if not return your Istridhan to you.

Thirdly, file a maintenance case u/s 125 of Cr.P.C before family court.

 

Feel Free to Call

1 Like

fighting back (exec)     24 July 2014

one natural question arises........if he is harrassing you to no extent....making your life miserable, yet you dont want a divorce??? a natural and logical reaction from any normal human being would be to distance himself/herself from the person who is harassing him/her, then why this two contrarain views.? you dont want divorce, you want to stay in the same house, yet you want to file cases. after the cases are filed, where will the situation take you to? you will be a stranger in the same house......i think you have not revealed the complete story, a coin has two sides. the other side is not yet revealed.


(Guest)

In first query she had said husband has destroyed evidence and want to file harassment case!  now she says she wants to stay with husband and doesnt want divorce!  Both are contradictory. 

How one can destroy evidence?  As mentioned they had 3 rounds of discussions, if they know for sure that they are asking money and harassing the girl, definitely they would have recorded the conversation.  If the person is smart enough to come to the forum and ask for advice - meaning she would have taken precaution to record the conversation atleast one time because she has made up her mind to put the harassement case as per the first query!

Fighting back, your answer is right I guess.  

If this is really true, you can easily get evidence.  If you say you cannot, then it is not true!  But dont worry nowadays women are filing all false cases against husband/inlaws if their demands are not met!! 

fighting back (exec)     24 July 2014

@sister......it is totally evident from the statement made by the author of the post that her intention is to seek revenge for unfulfilled wishes or demands, as it is a well known fact observed by courts that majority of cases filed are with malafide intentions. The author has just written a one line statement that her husband has harassed her dowry. There are no other specific facts placed, her story lacks facts and genuineness........a total revenge seeking case to teach a lesson....my observation,...

(Guest)

@fighting back   - I also have same thoughts.   

sankar P (supervisor)     24 July 2014

Good observation @ fighting back sir...

sansh (not working)     24 July 2014

I do not think I will be happy with such a husband and in-laws. However I do not have the guts to stay alone in this bad world, which constantly pesters and blames victims. Take for example this forum itself, it says "interactive platform for lawyers and indian public". But just asking for asking a question in this forum, some people are bashing me. in the real world how much people will blame me becomes obvious. that is why i do not want a divorce. I want a solution to the problem and the solution is not always divorce, isn't it?


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