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Dolly (NA)     19 June 2013

Seeking an advice

Respected Experts,

I need you advice on a very serious matter which is taking place since 7 years,this is not about me it is about my sister ,Actually this is domestic violence case as well as dowry  in which the whole in law family of my sister is involved.they used to beat her everyday ,her mother in law ,sister in law ,father in law and husband everyone .After 1year of her marriage when she got pregnant her family asked her to leave the home otherwise they will again beat her so they dropped her at Father's home and she stayed there for almost seven and a half month and all the expenses and care are beared by us .her in laws family didnt bear any expenses for that duration and one day when there were few days left for the baby to come in the world in laws came at our home and they took her with them..then again the practise of beating her and shouting on her saying pagal pagal started .They guys used to abuse our father mother whenever they visits the inlaws.they keep everything with them whatever we bring for our sister.they dont even give her proper food and make her work like a dog for every day and beat her like hell and threats her if she ever open her mouth in front of anyone then tey will shoot or murder their mom dad family,her sister in law use to beat her and her husband many times comes to us and ask for money in the excuse of investement,her mother in law has never given her jewellary given by us and she use to sit like wearing nothing (jewellary)in the marriages and all jewellary given by us were wored by her mother in law everytime,so this cruelty keeps on going for 7 years and now at present she is with us for 1 year(with her mother father we took her with us one day when she was beaten very brutally) and the son is with her inlaws and her husband threatens her to kill the family if she utter a single word for son demand.her husband has never called her for this one year and when she calls he abuses her always.now she fears of filing a case against them for domestic violence,dowry and divorce just because of the threatning things done by her husband.

Can you please suggest us what kind of cases we can file on them to get her out of this mess and give her justice and also can dowry case be filed after seven years of marriage.

 

Regards

Dolly

 



 13 Replies

Vrushank Soni (Student)     19 June 2013

You are right shantilal sir ..... 

Shantilal Pandya ( Advocate)     19 June 2013

You have a clear case for filing complaint before police or in the court for ofenses interalia under section 498A of the IPCetc as well as under The Dowary Prohibition Act . the narration you made is quite sfficient to file a complaint  just  give  details of each occurence in the complaint and the police will do the rest by lodging FIR  making investigation and file chargesheet aganst the accused if   sufficient evidence  against the accused is made out to exist 

 but before you proceed as above, if you at all think that  there shold be a reconcilliation  between the parties, try to  settle for the same throgh negotiatios,to do this is advisable but not obligatory .

498A fighter (tutor)     19 June 2013

Remember if y ou not settle the matter amicably and once you went to police for loding 498A and DV the DIVORCE  is sure so also think deeply on that then only proceed .

1 Like

n sankaran (nil)     19 June 2013

my husband left my house 12 years back and still he is not treaceable. I filled FIR in police station and they have given in writing that they cannot trace out. Can I get marry another person now. Is there any formalities have to be completed before getting him married.

STUDENT.... (.......)     19 June 2013

Shantilal Sir she can also file case for the Custody of her Son as well as Maintenance along with 498A and Dowary Prohibition Act.

1 Like

Shantilal Pandya ( Advocate)     19 June 2013

yes she can ,

TO

N. Shankaran 

If a person is not traced for seven years or more  and is not being heard of from the persos who might naturally know of his whereabouts, the person missing is presumed to be dead, in that case you should file a divorce petition , and the court may grant the decree of divorce  if the ground is proved.

Dolly (NA)     20 June 2013

Dear Sir,

 

Thanks for your reply . i need one clarification that can she apply for divorce case after seven years of her marriage.

As i have heard somewhere that divorce case is not applcable after seven years of marriage.

 

Thanks

Dolly

Adv k . mahesh (advocate)     20 June 2013

when ever it may be but by legally if your take divorce then there will be no problem in future 

as per legal you have to take divorce to remarry again 


(Guest)

Agree with K, Mahesh.

Dolly (NA)     21 June 2013

and also can she file a case of dowry case after seven years of her marriage.

498A fighter (tutor)     21 June 2013

Yes 498A and dowry prohibationn3,4 can be filed any time but if only allegation are there then accused can be aquitted and may file counter cases but in india sucess ration of such cases is only 2% as mention by LCI members,

better you collect proof of innocence from now, to save your self also read article how to safeguard from 498A.

DV Fighter (Service)     21 June 2013

Originally posted by : Dolly

Respected Experts,

I need you advice on a very serious matter which is taking place since 7 years,this is not about me it is about my sister ,Actually this is domestic violence case as well as dowry  in which the whole in law family of my sister is involved.they used to beat her everyday ,her mother in law ,sister in law ,father in law and husband everyone .After 1year of her marriage when she got pregnant her family asked her to leave the home otherwise they will again beat her so they dropped her at Father's home and she stayed there for almost seven and a half month and all the expenses and care are beared by us .her in laws family didnt bear any expenses for that duration and one day when there were few days left for the baby to come in the world in laws came at our home and they took her with them..then again the practise of beating her and shouting on her saying pagal pagal started .They guys used to abuse our father mother whenever they visits the inlaws.they keep everything with them whatever we bring for our sister.they dont even give her proper food and make her work like a dog for every day and beat her like hell and threats her if she ever open her mouth in front of anyone then tey will shoot or murder their mom dad family,her sister in law use to beat her and her husband many times comes to us and ask for money in the excuse of investement,her mother in law has never given her jewellary given by us and she use to sit like wearing nothing (jewellary)in the marriages and all jewellary given by us were wored by her mother in law everytime,so this cruelty keeps on going for 7 years and now at present she is with us for 1 year(with her mother father we took her with us one day when she was beaten very brutally) and the son is with her inlaws and her husband threatens her to kill the family if she utter a single word for son demand.her husband has never called her for this one year and when she calls he abuses her always.now she fears of filing a case against them for domestic violence,dowry and divorce just because of the threatning things done by her husband.

Can you please suggest us what kind of cases we can file on them to get her out of this mess and give her justice and also can dowry case be filed after seven years of marriage.

 

Regards

Dolly

 

You can file DV but filing case of DV after one year of seperation will loose gravity.

Please see below Bombay HC judgement.


https://bombayhighcourt.nic.in/generatenew.php?path=./data/criminal/2013/&fname=APL16011070313.pdf&smflag=N

rajiv_lodha (zz)     26 June 2013

Obtain divorce, u have grounds. Then only u can marry.


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