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meena kumari (teacher)     09 August 2010

What is the procedure for divorce

hi .

 What is the procedure if some one want to take divorce (sikh). & what are the right of woman in this case who is pregnant. What action woman can take against their in laws if they demand dowry.



 10 Replies


(Guest)

1. According to Sikh religious rites, neither husband nor wife is permitted to divorce. A Sikh couple that wishes to divorce may be able to do so in a civil court but this is not condoned as pr personal religious beliefs.


2.
A Sikh spouse can approach a Civil Court under Hindu Marriage Act, 1955 and using one of the Section between Section 9 - Section 14 can file a suit for Decree in Divorce.


3.
A pregnet women has right over her body and no one can take away her legal rights. A women at such stage has also right to be feed nutritious food by the family, has right to rest, right to take care of baby's development stage, right to seek medical help during and post delivery stages, even have right to termination of pregnency with consent of family (husband) etc.


4. Dowry giving as well as taking is crime as per law of the land. Appropriate Legal protection does exists as per Law if dowry is demanded and one can seek such legal remedy as appropriate to situations.

 

adv. rajeev ( rajoo ) (practicing advocate)     10 August 2010

For the sikhs HIndu Law is applicable.  To file a divorce petition grounds mentioned in the hindu marriage act are requred for the divorce.

To file 498A case complaint before the police is necessary, if it is true then file the complaint otherwise don't do that.

G. ARAVINTHAN (Legal Consultant / Solicitor)     10 August 2010

can file DV Complaint also 

Arup (UNEMPLOYED)     10 August 2010

whether your marriage duly solemnized?

if so divorce may be obtained under sec 13 of the hindu marriage act.

if you need the act post it here.

what are the right of woman in this case who is pregnant.

mr d arun well answered it. see point 3.

What action woman can take against their in laws if they demand dowry.

may go under dowery act or 498a.

please keep it mind that all these legal actions may create mental pressure upon the pregnant lady.

 


(Guest)

Sikh is treated as Hindu for bringing the sikh marriages under Hindu Marriage Act.  For divorce only section 13 is available.  The grounds for seeking divorce are adultery, cruelty, desertion for not less than two years, the other party has changed the religion, incurably unsound mind (mental disorder etc.), suffering from leprosy, venereal disease, has renounced the world by entering any religious order.  In addition tothis, a wife can seek divorce, husband is guilty of rape, sodomy or bestility etc.  It appears that in your case the ground of "crulty" may be suitable.  She does not have any special privilege for being pregnant in respect of divorce matters.  The demand for dowry couple with harassment is criminal offence and can be initiated by filing police complaint.

Jai Karan Nagwan (consultant)     10 August 2010

Hi,

so far applicability of law, in present case you being a sikh follower, Hindu Law will be applicable. Provision for divoce is provided in HMA under Section 13. however in the present cicumstance you are at liberty to put the criminal law in motion by filling police complaint or complaint before the maistrate U/s 498-A IPC.

please be prepared that getting divorce is not so easy, court will first award judicial seperation and thereafter divorce.

please note, supreme court and court is well acquanted about the misutilisation of laws which were made for protection of women, in very recent judgement supreme court prononced judgement that demanding dowry is not at all punishable untill paid and received by the parties.

please dont mind above para is not to hurt any victim of domestic voilence, but I would suggest that please try to create situation in the family so you can lead your happy life.

if no option other than legal battle and women is being harrassed by family of the husband and husband himself, victim should not keep quite.

however again suggestion, if there is probability to improve relationship, try to practice that. may your husband understand your importance after your new baby.

 

Best Regards,

Jai Karan Nagwan 


(Guest)

pregnant women can seek maintenance if she is not able to sustain herself. u can file dowry harassment case, but beware if case is false it may cause damage to u too. u can send me ur problem by pm if u desire.


(Guest)

DID U GIVE DOWRY? if dowry has been given then even girls parents can be prosecuted as per recent supreme / high court decision. so beware before filing a true / false case. i fully agree with arun ji that dowry giving and taking both are crime as per dowry law.


(Guest)

 

Observing that the anti-dowry law has been reduced to a ''paper tiger'' due to the bride's family giving away dowry in many cases, a court here said they also need to be prosecuted like the groom's family to eliminate the social evil.

 
"Dowry is a two way traffic and unless there is a giver there can be no taker and it is for this reason that in order to eliminate this evil both the giver and taker have been made liable (under Section 3 of the Dowry Prohibition Act)," Additional Sessions Judge Kamini Lau said.

"It is not possible to leave one and book another," the court said while resenting the prevalent practice of the bride's family giving dowry.

"It is unfortunate that this legislation has been reduced to a mere paper tiger and what is more unfortunate is the fact that it is none else but the family of the woman (involved in the marriage) who is responsible for non-accomplishment of this legislation," the court said.It further said the social welfare legislation meant to remove the evil of dowry should be implemented effectively.

"Dowry is shamelessly demanded, given and received under the pretext of social compulsions. It is time that this social welfare legislation (Dowry Prohibition Act) is ruthlessly implemented and none is permitted to take the shield of social compulsions. This has become all the more necessary in order to check the misuse and abuse of Special Laws," ASJ Lau said.

The court also said the expensive gifts given by relatives to a couple before and after marriage must be brought to the notice of authorities for levying taxes.It passed the observations while dismissing a plea of a woman seeking to quash criminal proceedings initiated against her family for giving dowry, which came following a complaint by her husband who faced dowry harassment charges.

In the case, Uma Devi, estranged wife of Sunil Garg, had challenged the order passed by a Metropolitan Magistrate in October last year directing registration of an FIR against her family members for giving dowry during her marriage in April 2008.The magistrate had ordered registration of the FIR on Garg's complaint referring to her admission of giving gifts and money to his family.

(Guest)

In the matter of Smt. Neera Singh Vs The State (Govt. of NCT of DELHI) CRL.M.C.7262/2006 dated 23.02.2007 and Others Justice Dhingra of Delhi High Court has observed that:

 

“The police should simultaneously register a case under Dowry Prohibition Act (in short, the Act) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated gets married to a person despite dowry demand, she and her family becomes accomplice in the crime under Dowry Prohibition Act.”

Now-a-days, it has become a tendency to make vague and omnibus allegations against every member of the family of the husband, involving everybody under Section 498A and 406 of the IPC by making one or the other allegations.

Now-a-days, exorbitant claims are made about the amount spent on marriage and other ceremonies and on dowry and gifts. In some cases claim is made of spending crores of rupees on dowry without disclosing the source of income and how funds flowed. I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns and police should insist upon the compliance of the Rules under Dowry Prohibition Act and should not entertain any complaint, if the rules have not been complied withRule 2 of the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985 reads as under:2. RULES IN ACCORDANCE WITH WHICH LISTS OF PRESENTS ARE TO BE MAINTAINED.-(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride. (2)The list of presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom. (3)Every list of presents referred to in Sub-rule(1) or Sub-rule(2)- (a) shall be prepared at the time of the marriage or as soon as possible after the marriage; (b) shall be in writing; (c) shall contain:- (i) a brief descripttion of each present; (ii) the approximate value of the present; (iii) the name of the person who has given the present; and (iv) where the person giving the present is related to the bride or bridegroom, a descripttion of such relationship. (d) Shall be signed by both the bride and bridegroom.

The Metropolitan Magistrates should take cognizance of the offence under the Act in respect of the offence of giving dowry whenever allegations are made that dowry was given as a consideration of marriage, after demand. Courts should also insist upon compliance with the rules framed under the Act and if rules are not complied with, an adverse inference should be drawn. If huge cash amounts are alleged to be given at the time of marriage which are not accounted anywhere, such cash transactions should be brought to the notice of the Income Tax Department by the Court so that source of income is verified and the person is brought to law. It is only because the Courts are not insisting upon compliance with the relevant provisions of law while entertaining such complaints and action is taken merely on the statement of the complainant, without any verification that a large number of false complaints are pouring in.

 


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