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Yogita (working)     29 December 2011

Reunion after getting dowry and mantaiinence

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.I want this problem to be solved because I do not want to go there by keeping the problems as such after such a long gap. Because in financial matters there is no change in my husbands attitude. He is as such as before but just want to keep me as there is no other alternate. And also I do not have any other alternate. ANd in their family all of the family members including my husband tease me that I didn't bring any dowry though he took and wated. SO now goaing after such a long gap I do not want to keep any space for any teasings etc. So only, as other daughter-in- laws in that family have their dowries separate including the property, I also want the same thing then only there will be no difference. Why should I waste my money and get insults from them even after helping for my husband in his business. Kindly guide me. Thanks and Regards!


 17 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     29 December 2011

How this re-union is being worked out? Are there going to be some kind of written terms? It is better if all these things are reduced in black and white before entry in that house again. The conset terms in nform of an agreement in terms of court order will be an ideal state in your case. Insist upon settlement of your issue before hand in terms of settlement before the court as the said document will be very handy through out life for you and your child. You can threaten if need be that you will file case under domestic violence in case if these are not worked out amicably. Since you have a strength to live for eigt years, you should be strong enough to get your dowery, besides all other shares too.

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"Why should I waste my money and get insults from them even after helping for my husband in his business."

"He is as such as before but just want to keep me as there is no other alternate. And also I do not have any other alternate."

Your Above Sentence is speaks Everything, Decide first What do you want Money or Marriage??

If you put Domestic Violence or Any Other Case, it wont make anything,

Your Husband will never trust you..It will just push them away. So you will endup only with cases with NO BENEFIT.
If really want to put pressure, Take Elders on both side, if possible Try to solve Amicably.
Most Importantly Put your EGO, Attitude aside, TRUST is Important in Any relationship.

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Yogita (working)     29 December 2011

How can I put my ego or attitude aside because the problem is in thier dowry demand only. The separation happened only because of dowry. And because my husband never bothers about me but just married me for money only. Even before marriage he had extra marital relations and also after and now too. He needs money for that purpose. And my in-laws always insults me for dowry and demands me dowry. How can I trust such husband. So only I am scared to go and join him again. After such a long gap I want to go there compromising everything and then facing all the problems as before. I really cant now bear their dowry demands or insults. So only I want to know that in agreement what should be mentioned which will be helpful for me as is mentioned by Mr.Kanaksinh P.Boda. I do not want to enter that house as a fool as before. I want to enter with some power of court. In the temporary ageement only the financial issues which they tols are mentioned. Now can I mention about their dowry demands and insults and also the financial differences which they are creating between their daughter-in -laws, due to which no problem should come. Also that he is a drinker and never bothers about me. He must take the responsibility of his family and support the family and me too in all ways.


As per your Inputs:
1) Husband Demands Dowry
2) Insults you
3) he had extra marital relations.
4) he is a drinker and never bothers
5) He must take the responsibility of his family (means he is Ir-responsible ??)

First Decide what do you want??

You Said:
1) do not want to enter that house as a fool as before.
2) How can I trust such husband. So only I am scared to go and join him again
3) want to enter with some power of court.

As someone Suggested you I repeat again..

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.
As Advised to you Already on this forum that.
Legal points are valid only when you dont want to compromise.

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Adv. Chandrasekhar (Advocate)     30 December 2011


First I appreciate the clarity of thought you have about your personal problems.  Often I see in the women a confused state what should be done, which is not so in your case.

I strongly support the advice given by Mr. Bora.  That is the way how to solve the problem.

You know the exact amount of dowry you had given it to him.  You have got every right to recover it before partition of the ancestral property/shares of business, as it is independent of HUF.  Needless to say that dowry is prohibited and wife has got a right to recover her dowry as well as stridhan.  It can be done through DV Act or under Section 406 of IPC.  But before invoking such provisions, if there is a possibility to reach to an agreement/settlement, it can be specifically mentioned that this much of amount, Rs.---------, which had been given to the husband from the wife's side shall be returned by this--------(mention date) by way of banker's cheque by husband to the wife.

In respect of other matter, i.e., maintenance, that also, you are entitled to recover by mentioning it specifically in the settlement and before effecting the settlement.  As maintenance amount awarded by the court had already been spent by you for your maintenance during the separation period, you are only recovering the expenditure you already spent and there is no illegality in recovering the same.

About share of business, as per the arguments of your husband, dwelve upon your child, I clarify during the life time of the husband, neither you nor your child has any legal right on such share.  So, he is hoodwinking on this aspect.

Finally, if you pose all those conditions, what will happen to your reunion with your husband?  You know the answer very well, for the last so many years you have been living seperately and even now you have got your own view point about his malafide intentions.  So, if he turns back from agreeing the settlement, then also you will be in a position to recover your dowry and maintenance amount. 

Wish you best of luck.

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cm jain sir (ccc)     30 December 2011


i request you to kindly see the article in given link. I just wanted to share it with you becoz the truth of your story is better judged by you only:


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YVerma2007 (Registered Patent Agent)     30 December 2011

Do not file false DV or you will make your case weak and make matters worse. Make your points clear in front of the court where settlement is being done to live together

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Yogita (working)     30 December 2011

Thanks for your comments and now I am not going to file DV but will mention the conditions clearly. And if I try to ask dowry then as per the law can one get any inerest on the dowry amount after such a long gap because in few states the interest is also provided. I can jsut ask myhusband to show some other option for my provided amounts.

The problem is that when Iwas there he never even provided food items at home or money and even used to ask me to get everything from my parents only. Thats why only I am trying in this way. He cheated me in all ways specially in financial matters and ultiamtely send me to my parents home without my interest. So only I want to mention all statements clearly . Its not that I am cruel and trying for money. But just to b confident.

Yogita (working)     01 January 2012

Now I want to know as my husband never took any responsibility till now, if I file for maintenance recovery then will the court say yes to his statement of the adjustment of his property int he maintenenace recovery or cheque / cash is must to be provided? Under which section can the mantainance recovey filed without DV.

Adv. Chandrasekhar (Advocate)     01 January 2012

In your first post as you were using the word "maintenance recovery", I was misled that you hava a maintenance order in your favour and only execution of it is due.  But  by going throught your latest post, it appears that you have no such judicial maintenance order in your favour.  If it is so, you have to file maintenance application under Section 125 of Cr.P.C. before the magistrate court.  The court will grant maintenance either from the date of application or from the date of court order, depending upon the facts and circumstances  of the case.  It is independent of DV case.  You need not to invoke DV Act provisions to get maintenance under Section 125 Cr.P.C.

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chandu lal ..... ghar mat tod !,,

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Yogita (working)     01 January 2012

I have already filed it for maintenance. But now my husband and his side people say to withdraw it as the compromise is being done. So no need for that. Though if I do not withdrw it I can get for 2 to 3 months only. So only as I feel that as he never took any kind of responsibility till now not even for his child and now I have to go and live with him. I must feel confident that I am dojing right. It will be only done when my past problems must have some solution. Else without solving any problem the feeling remains as such and I will always feel that I am married to a wrong person. So only to get some solution I feel that he must do something. He must provide financial support atleast to the child by investing some lumpsum amount on the childs name for which he says he doesnt have any cash so he have this and that property that will be provided ont he childs name. But that is the ancestrol property which will be provided naturally. What is he doing I feel so.

I heard that there is Maintanance recovery ie the maintanance for the past years for which he never paid anything can be claimed in the court. So for that I need guidance. How much and what are the ruels for that. He is a businessman and so no prrof for his salary. But still is there section for this to be claimed. Or onlythis present one which they are asking me to withdraw.  And also in the compromise statement I didnt like few points but I had to sign it as their lawyer warned me again and again "Else are you ready for divorce?" So in that pressure only I signed it. But it was everything in their favour only not in my favour. So I am not feeling satisfied. I feel I am going there defeated. I want to go there with my own points.My lawyer said that there is another date and it will be done in adalat. Can I change anything there if my signature will be again needed. Thank you!


Yogita (working)     01 January 2012

I want to either apply for past maintanance or mention this in the agreement. FOr this I want to know wether there is any possibility to claim maintanance for the past years? ANd will there he can escape by adjusting the property?Will he be forced to provide anything from his income? I feel so to claim as he alwyas created problems for me in the financial matters mainly. Kindly reply to know about this. Thank you very much!


are u educated and work for living ?..

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