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Neha Singla (House Wife)     29 June 2016

My husband and inlaws thrown me out of home, demand dowry

Hello Everyone. I am Neha, 28 years old. I got married in 2014 in July. I married to a guy 7 years elder to me and he is in government class one job. This was his second marriage, He had got mutual divorce from her earlier wife from whom he got separated after 1 month of marriage.

My parents spent approximate 6 lakhs on marriage in total, and gave 2 lakhs cash and golden jewellery to my inlaws and husband and to me. From the day one, my inlaws used to taunt me for bringing less dowry. They used to keep me straved, and used to keep me closed in a room. They didnot allow me to go out, My husband kept himself busy in his official work, and didnt take me to any destination. In the mean time I got pregnent in august 2014, still they did not allow me to eat properly. In march 2015, my father took me to my parental home for delivery, where the delivery was normal and all expenditure was taken up by my father. I gave birth to male baby in May 2015, and at the end of may 2015 my husband took me to my matrimonal home. Where my new born baby got ill, and my inlaws and husbands did not take care of his illness and baby died due to not giving proper medical treatment in june 2015. After death of baby, my husband and inlaws started demanding 3 lakhs as dowry, and started beating me everyday. in september 2015, they tried to kill me, and thrown me out of their home and threatened me if I will not bring 3 lakhs cash they will not allow me to stay in matrimonial home, My father took me to my prental home (i was in three clothes only). all my istridhan was kept by my inlaws.

In september 2015 i gave police complaint to SSP that my inlaws use to beat me, and i want to stay in my matrimonial home. But that complaint was closed by police after 3 weeks. Then due to mis guidance by one person, I filed divorce under section 13 against my husband in december 2015. After an advocate guided me properly, i withdrawn that divorce in march 2015. and in april 2015 I filed maintenance under crpc125. My husband is earning 70,000 per month, i am only having post graduation degree in information technology, i was working before marriage only, my query is:

a. how much monthly maintenance i can get.

b. please guide me what more case i can file against my inlaws and husband.

c. please tell chances of my win if i file new cases.

d. as i have told u my whole situation, please guide me with proper advice. 



 16 Replies

prabhakar advocate (advocate)     29 June 2016

If you have sufficient evidence to prove that you have given dowry and they have harassed you for further dowry, then 1. You can file Section 498-A and S.406 I.P.C. before the police. As the police, like last time, refuse to take any action, you can file the case directly before the Magistrate. 2. You can also file case under Dowry Prohibition Act before the police and if they fail to take action, before the Magistrate directly. 3. You can file domesti violence case seeking compensation and right to reside in matrimonial home. 4. In your maintenance case, the court if satisfies that you are indigent, then despite your good efforts you are not in a position to get job, then grant about 1/3rd of your husband's income to you. But, at the end, all these cases end into divorce case, if you like it or not.

Vijay Raj Mahajan (Advocate)     29 June 2016

Maximum maintenance that you may be awarded by the Family Court under section 125 Cr.P.C can be somewhere 10-15 thousand per month from your husband, The judge may even advice you to find appropriate job for self as you are qualified person and have been working previously before marriage. Other than this order you can be allowed the right to residence from your husband if you so claim under the D.V. Act, that too will depend on the financial capacity of your husband at his cost. Beyond this you cannot claim or get any other relief from the husband. Divorce by mutual consent is possible between both on the basis of permanent alimony and maintenance basis if both of you agree on the amount to be paid to you.

Neha Singla (House Wife)     29 June 2016

1. What kind of proofs are needed for dowry articles and istridhan articles

2. what kind of proofs are needed if cash 2 lakhs have been give in marriage

3. what kind of proofs are needed to establish that they asked me to bring 3 lakhs

4. what kind of proofs r needed to show that they thrown me out of home

5. what kind of proofs r needed tht they used to starve me (they didnt used to give me eat meals)

6. in my first police complaint, that was general complaint. i have not metioned anything about dowry demands or istridhan in that complaint. then i send complaint to state women commission, in that also i have not mentioned anything about dowry demands or given at marriage. 

As i am separate since 8 months, can i again give complaint to police by adding new facts of dowry and istridhan.

Khush   29 June 2016

Well by going thru ur query prima facie it seems u dont hv any proofs of the crueltyu r talking about. Its strong advice to u that proceed with other cases only if (stress) u want divorce. Bcz these cases leads to divorce. And spare your 2-4 years at least for courts. Otherwise just relax, talk with then for amicable solution.

fighting back (exec)     29 June 2016

6. in my first police complaint, that was general complaint. i have not metioned anything about dowry demands or istridhan in that complaint. then i send complaint to state women commission, in that also i have not mentioned anything about dowry demands or given at marriage. 

your point number 6, mentioned above, is the most decisive factor and can shred your claims in court very easily if used properly and correctly by a seasoned lawyer....

A walk alone (-)     29 June 2016

6) I want to ask you if they really ask you money then why dnt you write in your first application? You can give complain but dnt give any complain if you dnt have any evidence. You will only waste time and money in court. The advocate who suggests you to withdraw divorce is making you fool. He only wants to earns money by filling case . He will spoil your life. dnt file any case without evidence. Evidence can be photos, recording, bank transactions detail, medical reports . If you dnt have evidence and your lawyer suggest you to file any case then before filing just ask him how many such case he win previously. In last I want to suggest you if you want divorce then go MCD and start new life.

Born Fighter (xxx)     30 June 2016

how can a woman forget to mention about dowry demands from inlaws while she files a police complaint ??????

It appears the lady's lawyer as usual had filed divorce case based on MERE ALLEGATIONS and NO EVIDENCE and hence has withdrawn the same.

 

Classic case of how a lady spoils her life by filing false cases without any substantial evidence. If husband surrenders under pressure the woman gains BUT if the husband fights back then in 1-1.5year the lady realizes what has really happened ....will neither get money nor husband..

 

Neha Singla (House Wife)     30 June 2016

I did not write dowry demands and about istridhan in first police complaint because I thought my husband will mend his bad ways and will start giving me respect and his parents will start respecting me. But he never came forward for mediation. I filed divorce because I thought he will now mend his ways and will not want to take divorce because it was his second marriage already. But this time also he did not come forward for mediation. Then I withdraw divorce and filed crpc 125. His salary is 70k i want 30k. Should i get

(Guest)

Unable to cope up with domestic work, maintaining family, repeated work, boredom, constantly picking up quarells with in-laws or if no in-laws, the husband himself, and then going and sitting in dads house without rhyme or reason, then sitting and thinking what reason to give to in-laws and husband, over sitting at dads place, dad asking why she wont go, making up lies, 

 

lies frequently used are, husband hits me, he asked me to bring money, my MIL is hitting me, my SIL is hitting me beating me.  FIL tried to rape me, he looks at me with red eyes.

 

Now the stay is over stay and dont have face to go back due to bad mouthing about husband and inlaws in society.

 

Next is file either sec 9 or file directly 498a or DV, 125 is sure shot.

 

Most of these problems can be solved by means of talking, keeping open mind letting know each other problems faced in day to day marital life, instead of keeping quiet and taking stupid decision.

 

Some also when forced by the dad to go back to the husbands house threaten to commit suicide, drink flit, drink phenoyl, will threaten to commit suicide by hanging. Thus creating more pressure both to dad and husband and his parents.

Finally, you have the above, tadka type, cannot eat, cannot throw, that is tadka.

 

What I advice is you go for mutual divorce, take one time alimony and find someone else, dont waste time in court.  Next time dont repeat same mistakes.

Khush   03 July 2016

u shud seek mediation

Neha Singla (House Wife)     03 July 2016

update: husband filed reply to interim application. he wrote about my before marriage experience and about my qualifications. but he has not attached any proof with interim application. 

july26 is date of consideration on interim, please guide

can i deny experience and qualification, because he has not attached any proof.

can i object if he produce any proof on that day because he has not attached the proof with reply

plz guide

Vijay Raj Mahajan (Advocate)     03 July 2016

How can you deny your qualifications and experience if there exists proof of the same, the place you worked in past, record of that office can be summoned in the court and in that case your denial on oath will amount to perjury for which you can face punishment. If need be your husband can take fresh date for consideration and even for summoning the record of your previous employment in such case more trouble can be for you. Just ask for maintenance on the basis of no income from any source at the present moment even if you are qualified with previous work experience presently your unemployment is good enough for providing you interim maintenance from the Family Court.

Neha Singla (House Wife)     03 July 2016

if judge award me interim maintenance, Can My husband insist that he will personally hand over money to me (wife), not to advocate of wife or not to father of wife.

 

Khush   09 July 2016

? go for mediation or apologize to husband

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