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Yogita (working)     28 December 2011

Maintanace recovery & dowry return cases

After 8 yrs of separation my husband applied for divorce and now in the court a settlement to live together is being done. In that I asked my dowry (provided to them as per their severe demands)which was invested in the joint business to be returned to be kept for my child. They instead of returning money are just diving their property and saying that this is for the child. My husband dosent want to return my dowry. I feel that as the property will be divided is a normal thing but as dowry was invested in business so the money should be from business only. All other business partners ie my husbands brothers have their wives dowry separate instead of their share in the property. Then for me only the property share is being considered as the dowry amount while othres have both the dowry and the property too. So I dont like this. How can I get my dowry return in cash instead of their property as we paid cash only to them?

If I apply for maintenance recovery as I was separate for 8 yrs and also if I will apply for dowry recovery then if they will again say that this property is equivalent to your dowry or maintenance then my question is that when my dowry was not invested in their property then how can I consider this? Also how can I get the dowry return in cash instead of their property or mantainance in cash? Because this is reducing my dowry amount but only their property will be provided which is to be provided even if there was no dowry provided to him. My husband is a business man. He dosent want to return my dowry. So only he says that his share in the property is this and this is equal to my dowry Kindly guide me in this respect. What steps can I take so that I can live with my husband only after solving all of the problems. Then only I can live with him confidently.

Please guide me inthis respect. I am really in need of your help. One said that DOmestic violence will be best and dowry and maintanance recovery can be claimed there. WHen the settlement is going on but I really want the problem to be solved which step will be better. Kinldy guide me.

Thanks and Regards!



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 December 2011

Dear Yogita

it is better for both of you that both of you make a MOU and live togather & save your marriage. if not, you can filed 125 Crpc case for maintinance, you can file 406/420Ipc case for your Stridhan. do as you think fit

feel free to call

1 Like

cm jain sir (ccc)     29 December 2011

As you told that you are going to compromise and live together then:

1) why you are worried about money and property. All the wealth of your husband is yours only.

2)If you trust on them then no need to worry on point (1) becoz everything can not be equated with the property.

3)Its a great thing that you both are agrreing to live together so trust your Husb and give him love He cant do injustice to you if trust and love is there.

4)If love and trust doesnt exist then better ask for maintanace, dowery articles/cash and take div. Legal points are valid only when you dont want to compromise.

5)Dont try both the things at a time becoz Police/Court cant give  the true relationship of husband and wife. It requires love , trust, sacrifice and patience.

Try to save the marriage since it is a sacred relationship.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

1. You can make sure that division happens and the property is transferred in the name of the child with you being a guardian.

 

2. Also you can ask them to provide certain money by means of fixed depsoit in the name of child with you being the guardian.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

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