Tejaswini (TA) 01 November 2012

Kindly direct - dowry case & caw

Sir,

After 1.5 yrs of living together (no kid) , Husband filed petition for divorce last nov 2011 based on cruelty but no instances quoted. we are living seperately for 1.5 yrs. Though i opted for reunion, after medical counselling, psychiatrist diagnosed mental disorder and suggested to stay away from him. In recently filed a DV asking for return of stridhan and compensation for phsycial and mental torture.He wishes to go for MCD under the conditon of no penny settlement. He and his mother has tortured me for more dowry & jewels throughout the period. I have suffered a lot because of them. Mother-in-law lies that she has never seen my jewels when called for DV counselling before sending the case to the court. Because of her and her psycho son, my life has been ruined. Can you please guide what next could be done. The protection officer said that I should file seperate case for dowry harassment as it does not cover under DV act. 1) Can I now submit a complaint on dowry harassment? what is the procedure? I want do this also to expose the true color of the mother & son 2) Can i take this issue with CAW cell ?

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12 Replies

Nitish Banka (lawyer) 01 November 2012

498a is the section applicable

(Guest)

if you have proofs that he is psycho and its really not possible to live with such person under any circumstances then PLEASE try to settle things amicably as by filing DV and 498A you wont gain anything in long run. If you are Qualified enough and your family is supporting you not only financially but morally also then dont bother for the compensation amount. Just try to get rid of that person asap as no kids are involved. and you can give a fresh start to your life. BUT dont entertain any false allegations on you and your family members of any sort. condemn them strongly and concentrate on getting divorce from him and show to everyone that its not money which you want its a peaceful and respectful life which you want and you deserves that. HE HAD NOT LEFT YOU ITS YOU WHO IS LEAVING THAT PERSON ON CERTAIN VALID GROUNDS. DONT THINK ABOUT SOCIAL STIGMA EVERYTHING WILL BE FINE.

THINK AGAIN if its really impossible to survive with him then only take any action orelse try to find out actual problem and resolve that. I may be wrong but i belive that its very easy to break a relation but its very very tough to maintain such delicate relation. rest you are also wise. think calmly. there are many other ways out.

Rashid Ali (criminal lawyer) 01 November 2012

better go for mutual settlement. 498a option you have , but medical certificates will help boy side by every espects.

Rashid Ali (criminal lawyer) 01 November 2012

better go for mutual settlement. 498a option you have , but medical certificates will help boy side by every espects.

Tejaswini (TA) 16 November 2012

Dear Lawyers,

Any legal advice will be highly appreciated. Please post your suggestions.

rajiv_lodha (zz) 16 November 2012

Though I am not lawyer, but the path ahead fr u depends upon ur intention:

* If u really want divorce from him+ ur jewels back: Put divorce under HMA, give proofs. In DV act, u give the necessary proofs & get ur jwels back

* If u want to punish him & his faily members for dowry harassment+keeping ur jwels: 498a+406IPC is the answer. But remember, in this case too, the onus of proving their fault lies with u, Being IPC sections, only solid proofs from ur side will see them convicted.

So weigh ur options. All depends upon what proofs u have in ur pocket!

(Guest)

Yes you can get back your all streedhan, Its your right.

For this you can file 406 IPC now because DV case you have already filed.

If there is no chance to live togather and they harresh you and demanded dawery than you have to tech them lession.

lodge FIR against them.

But only mention true fact. I never suggest to false allegation. But court matter will take 2 to 4 years.

Tejaswini (TA) 19 November 2012

@ Rajiv Lodha : He has already submitted petition for divorce last year and all the counselling sessions are over. I am just responding legally to get the stridhan & compensation.

@ Prajapati : 1) Do you think asking for stridhan through DV is not enough ? Should i file IPC 406 also ?

2) Of course. One primary reason for thr breakage is the dowry. How strong would be the 498 a case since he has filed the divorce petition last year ?

3) What is the advantage of taking the matter to the CAW cell ?

4) what are the proceedings done with regards to the DV case in the magistrate court ? How long will it take ?

Kindly reply.

Nandha (NIL) 19 November 2012

@Tejaswini,

Just concentrate on the compensation you would get as you also want to get rid of him. This can be achieved through mediation. Approaching CAW is a nice idea, but you would have to shell out some amount to get things right. Trying to teach your husband and in-laws a lesson with 498a will make you unrest. If there are no solid proofs, they might win the case and can file defamation suit against you. Litigations are only for those who had thrown away their life into garbage even though they had the opportunity for an alternate peaceful life!

An eye for an eye will make the world blind!

Do you want to see this man's face again in the court? OR do you want to forget your bitter past and move on with better future?? Decision is yours!

Nanda

rajiv_lodha (zz) 19 November 2012

Yes, best way is ASK UR DUES IN MEDIATION-CELL & OFFER MCD.

If he does not agree, act as per my previous post

Tejaswini (TA) 19 November 2012

Hi Rajiv,

My lawyer spoke to them but looks he is not ready for any compensation but want my consent for MCD. At the same time, he & his mother asking for some jewels (which is not with me but with his mother's custody locker) that he bought me post marriage but not ready to share the marriage expense nor worried about ruining my/our married life.