LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

malini (house wife)     10 November 2012

Husband have joint family - asking for dowry

Hello all,

I am house wife. i was married  in 2005 and i have a 6 year old son. i live with my husband ,its a joint family.

my father has given 5 lakhs of dowry at the time of marriage. we dont have any proofs,but marriage video shows the gold given to me. My husband is younger one in the family,he has a elder brother and a married sister , they have family business, marriage life was ok upto 1 year,once i am pregnant, my husband sister,my mother-i-law , they started torturing me and my family to bring money ,as i was the only daughter ,my parents gave whatever money they asked, but my father-in-law was good person, every time they beat me and send me home to bring money,  some how my father-in-law used to convince me and my parents and he used to say now business is in losses,once i get some profits i will divide the properties and he said whatever money u r father gave i will give u back he said,for safety purpose he said he gave bonds(showing that he took money from my father) ,  even though my father doesnt have money he lended money from outside and gave them.  when they try to beat me,my father-in-law used to stop them, because of him i didnt complain ,he was very much worried about prestige etc. 

Last year they have taken my gold and kept in a bank for loan (its on my name) , my husband always supports there sister. recently my fatherinlaw died and from tht day the harassment increased and now they are demanding more money. already my father has lended lot of money and gave them ,now they are demanding more and they have sent me home. 

now my father is in trouble, he can no more give money to them. please guide me what i can do now.

i dont want any extra money,i am thinking of finding a job and continue on my own, but my parents are old now,i need some money to support my family. if i ask them now for the money my father gave,they will not give me single rupee.  i dont need any extra money, i just need the amount my fahter gave as dowry and my gold and money my father gave in the middle( has bonds signed by my father in law ), but as now my father-in-law died ,still can i use them as proofs.  we dont have any proofs showing that they harassed me, only person in the family support was my father-in-law and he died , how can i get them. if i go to court ,how can i show any proofs,  gold also they kep in bank on my name only,they forced me to sign,  if i goto court will i get justice. how can i show any proofs, we are from village and my paretns are old. please help me. please suggest how i should forward.  



 1 Replies

Tajobsindia (Senior Partner )     10 November 2012

1. Directly approach in your areas District Court Legal Aid Center and at their Recption ask for meeting the Head of the Center and they provide almost free of Cost Legal Aid in terms of attaching Advocate in their panel to destitute ladies in distress such as your facts situation once. Basic brief of what you mentioned may be narrated to Head of the Legal Aid Center and it is simple meeting and they provide above help.

 

2. Via the legal aid provided Advocate file S. 125 CrPC for interim maint. for child and yourself. It is mostly summery proceeding and maintenance will start once ordered. Your status of housewife all these years are enough proof.

3. Via the legal aid provided Advocate file S. 13 (1) (ia)
HMA for divorce citing in factual brief paras “mental cruelties” meted out to you. Your cross examinations and your natal home witness cross examination on facts are enough here. This case runns on probabilities of what could have happened in four closs walls of a matrimonial home and consistency in your evidence examination is all that are needed to get divorce eventually. 

4. Via the legal aid provided Advocate file S. 27 HMA for return of stridhan (gold ornaments that you say are safely put in your own name bank locker, wedding photo wearing them are enough here) and an separate Application to search and seizure memo preparation of reference Locker. At advance stage of proceding via the legal aid provided Advocate file S. 25 HMA for alimony (full and final maintenance for life unitl re-marriage for self and for child till h/er attaining age of majority).

All above are possible only if you institute them from natal home. Side by side try rounds of interviews and god bless you in your endeavors.
Reasoning:
Your marriage is lof decent duration wise. Good quality proofs are not there. Child is almost now of intelligent age. Your father is basically over burdened with loans with no records of givng / taking and both parents are fragile due to their age. The only assumed witness to your side is no more. You say in your own brief you are interested in return of ornaments as well as re-start your life. If above civil litigations followed the monetary drain is less on you and your natal home finances and running around as re-starting life at this age and under such situations are tough to begin with. The moment you institute criminal cases such as S. 498a IPC r/w S. 406 IPC which are for mental cruelties related to demand of dowry as well as say criminal case under Domestic Violence Act the start-up journey is via Police Station as well as via meeting area Protection Officer OR these two can even be filed directly before a Magistrate Court but these two are very long drawn criminal evidence based proceedings and more sightseeing of Courts based though in former complaint case State represents your best interests but still results are very tiring and long drawn and against brief stated family background and self confessions on quality of evidences as proof I reserve my suggestion not to file them at this stage.

Lastly the opinion on not to file criminal matrimonial cases yet advised to file various civil matrimonial cases in context to your peculiar brief are also reasoned on contemporary society having medieval mindset based; where possible re-marriage of educated S. 498a IPC divorcee mother is tough to get approved by now-a-days as prospective bridegrooms family in their medieval mindsets try to wriggle away from such harsh matrimonial complaint instituted re-marriage prospects talks and may later turn out to be another social handicap for one if one want to move ahead at some part of later stage of once life thinking on lines of say once re-marriage / settling down once this person is thru with current vicarious realities. I always believed in planning for 5 years – 10 years – 20 years – 30 years from now on i.e. moving ahead formula by shedding today all my past handicaps, but these are some of my prudent views and may differ from person to person / situations to situations / company ~ influences that I may keep ~ get carried by so on so forth ……………… sky is the limit :-)

Rest you are educated with good English writing skills housewife you may make wise decision after reading opening suggestion by me which I found appropriate in presented brief facts.    


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register