Working woman can entitle for compensation from her husband?

Chandu Sir..

         thnx. I  am nicely guided by you. Now one more puzzle from me. Being a government officer, earning nicely will be eligible for maintainance... our local experts opined this negetively. So  kindly will u pls refer me such oral orders or directions issued by  Hon.SC or any Hon.H.C please.

         I also want to know probably how much time passed if i preffer matter under saction-125 c .r.p.c. May i maintain any suit or matter  regarding recurring of my jwellaries (which give me my mummy and he at the marraige time) etc..which he took with unofficially while leaving our home. what can i do ?? pls guide me Sir...

ms. swetal,

while filing S.125 cr.p.c., you must be clear about a few points.  (1) Being a govt. officer and earning handsome amount, you may not get maintenance.  (2) your husband wants divorce, but he cannot get it easily, so sent notice under that RCR section (3) you responded to that notice positively seeking mediation for atleast four or five times  (5)  he does not want cohabitation but divorce, so has not turned up for mediation.  (6)  FINALLY, HE WANTS TO BREAK THE MARRIAGE AND YOU WANT TO RETORE IT.

As this is the practical position as on today, you are filing S.125 cr.p.c., NOT FOR THE PURPOSE OF GETTING MAINTENANCE BUT INITIATE MEDIATION, SO THAT FINAL EFFORTS CAN BE PUT TO SALVAGE THE MARRIAGE RELATIONSHIP.  The mediation under Section 125 is different to mediation which you tried to do when you received the notice.  There is certain force in the former as that will be conducted by court officials.  where as in the latter mediation only advocates without having any legal authority conduct.  Further, in the mind of husband and his mother, there will be fear that if S.125 they absent themselves, there is a likelihood  that S. 125 verdict may go against them and they may be forced to pay maintenance.

If you are not inclined to go for S.125 cr.p.c., you can also go for DV Act.  In this Act also, mediation is the first step.  In this Act, you can ask for the shared household and protection orders.  In this case, for the mediation, certainly your husband and mother-in-law will come.  The choice is yours - Section 125 cr.p.c. or DV Act.  You read my first post, my preference is for DV Act as it is more deterrent.  

ms. swetal,

while filing S.125 cr.p.c., you must be clear about a few points.  (1) Being a govt. officer and earning handsome amount, you may not get maintenance.  (2) your husband wants divorce, but he cannot get it easily, so sent notice under that RCR section (3) you responded to that notice positively seeking mediation for atleast four or five times  (5)  he does not want cohabitation but divorce, so has not turned up for mediation.  (6)  FINALLY, HE WANTS TO BREAK THE MARRIAGE AND YOU WANT TO RETORE IT.

As this is the practical position as on today, you are filing S.125 cr.p.c., NOT FOR THE PURPOSE OF GETTING MAINTENANCE BUT INITIATE MEDIATION, SO THAT FINAL EFFORTS CAN BE PUT TO SALVAGE THE MARRIAGE RELATIONSHIP.  The mediation under Section 125 is different to mediation which you tried to do when you received the notice.  There is certain force in the former as that will be conducted by court officials.  where as in the latter mediation only advocates without having any legal authority conduct.  Further, in the mind of husband and his mother, there will be fear that if S.125 they absent themselves, there is a likelihood  that S. 125 verdict may go against them and they may be forced to pay maintenance.

If you are not inclined to go for S.125 cr.p.c., you can also go for DV Act.  In this Act also, mediation is the first step.  In this Act, you can ask for the shared household and protection orders.  In this case, for the mediation, certainly your husband and mother-in-law will come.  The choice is yours - Section 125 cr.p.c. or DV Act.  You read my first post, my preference is for DV Act as it is more deterrent.  

"I also want to know probably how much time passed if i preffer matter under saction-125 c .r.p.c. May i maintain any suit or matter  regarding recurring of my jwellaries (which give me my mummy and he at the marraige time) etc..which he took with unofficially while leaving our home. what can i do ?? pls guide me Sir..."

In delhi Section 125 interim relief is granted within 6 months and the case be disposed off two and half years to 3 years.  for recovery of stridhan, people generally file criminal complaint before the police under Section 406 IPC.  There is a civil procedure of filing suit for recovery but it is a costly affair.

Dear Adv Chandu

You mentioned " There is a civil procedure of filing suit for recovery but it is a costly affair."

Please provide more information on this civil procedure  for filing suite for recovery.

regards

Gopal

@Sh. Gopal Arora,

Dowry Prohibition Act in express terms say that the wife has got a right over her stridhan.  Any amount, which can recoverable by virture of statute (civil or criminal), can be recovered by filing a civil suit under the heading "Suit for recovery of movable property/money".  The court fee that required to be filed is advaleoram and not fixed fee and that is why, I say it is costly affair. 

Swetal,

The maintenance for you may not be granted at all. Look for some amicable settlement by involving elders.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Gopal/ Tejal,

Better start own threads, otherwise it becomes difficult to remain on the same topic.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Dear Administrator, Please don't play games by deleting messages / comments .... Its not fair to delete comments without any valid reason ... Let people of India open their eyes to truth |||||. .... . Awareness at the right point can save many families !! Be reasonable Bhai ::::: JAI HIND :::::

Yes

ok here adv chandu is correct ,now at this point you must choose between your husbands marriage settlement or the recovery suite however for this civil and criminal proceedings have to be filed simultaneously pleading to the court that your husband if returns these valuable objects to the rightfull owner ie you then you will want to setttle for mediation.also you might not get your valuables back and this would further provocate ur inlaws.let me ask u who asked you to serve a legal notice .are you insane to do such a thing?

you must now forget your husband and file dowry case and keep the sharing of your residence .who is the owner of this residence btw?you must keep in touch with elders and this is a matter of time when the mediation if by will then it will surely seek out.this is not the case you should not be mediating right now and file immidiate dowry case and get sharing.

you are earning well but you did not mention if you had any children?pls specify gender and age .pls do not be misguided by lawyers who do not have the knowledge of interception.you are fully entitled to maintainance only and only if you have children and specially a female underage schoolgoing child.if you do want more advise pls refer to helpingwindisputedcaseswhenthelawcannot attherate hotmaildotcom

@Adv. Chandu

"Your husband and in-laws want divorce.  Once you file restitution of conjugal rights(RCR) case and once you win the case, he will not stay with you.  One year after passing of the decree (order) in this case, he will file divorce case on the ground that RCR case has not been executed.  Then he will get divorce.  That is the thing he wants"

He cannot take advantage of his own wrong I think.

@ Swethal.  Shaayad aapke pati ke family, aapke problem ko family problem maan ne ko keh rahe hai, isiliye Advocates ko avoid kar rahe hain.  Do not involve advocates and let both mummies meet.  He told you in his reply that after both mummies complete their meeting he is prepared to live with you.

Sir. i filed dv case against my husband and in-laws. i also give application of 498 at police station but police nt filed it till 2day. . . pls guide me, what can i do nw ? thnx sir...   

 Police will do nothing if money is gone in their pockets.

@ Swetal


Fantastic….


1. You already filed S. 9 (RCR) which means you are seeking restitution of your conjugal rights.
2. Now in your last message before us you say you filed complaint under S. 498a IPC and DV.
3. As per “faulty” advise of Chandu, Adv. to file S. 125 CrPC only for reconciliation it is matter of time you may approach a Court and file S. 125 CrPC and with DV complaint automatically S. 406 (return of property) will attract at the end of the day !

Why I said “faulty advise”:

Where Family Courts are established in India there all S. 125 CrPC proceedings are being taken up now-a-days. One of the uniqueness of Family Court proceedings are to send parties on first available opportunity for “mediation / reconciliation”. And where Family Courts are not established a Magistrate Court hears the proceedings U/s 125 CrPC and under a Magistrate Court there is no provision to send parties for “mediation / reconciliation” U/s 125 CrPC or as a matter of fact even under DV Act on first available opportunity. Adv. Chandu without asking you where (which city) you filed the earlier Section 9 RCR case is basing his gyan based on his practice in Delhi where several district wise family Courts exists and where case can be referred for “mediation / reconciliation” as per Family Court Act hence this is his faulty advise to mildly provoke you now to file S. 125 CrPC moreover knowing well you are Govt. servant and earning on mischief of “mediation / reconciliation” is my view.


But as per your today's post you are saying you complaint under S. 498a IPC as well as DV Act so I wonder if Adv. Chandu has anything more to say other than be happy that you completed all that is almost there to file against your husband in the name of “I don’t want to take divorce” as stated in your very first post last line!


By filing on one side S. 9 and on other side S. 498a and DV complaint cases family harmony is not maintained when husband is already in mood of filing divorce.


Now you will have to opt for divorce at the end of the day as you have used almost everything available to break your matrimony courtesy over simplified gyan that you got here against short, sweet and wisest advice of Shonee overlooked in past 1 month since when Shonee advised here which was the practical solution ot a almost 7 months old marriage.


Concerning police complaints lodged on S. 498a / DV it will be converted by police soon, it is matter of applying little more patience and failing which you have option to directly approach a Magistrate Court and file these two cases – what more one can further advise if querriest is not listening.

Solution on your briefs base don it is just a 7 months old innings:

1. Take a deep very deep breadth.
2. Decide finally what exactly you want out of this marriage – divorce or continuity.
3. If you are looking for marital continuity then continue only with S. 9 RCR and if after its execution in 1 years limitation time if he does not agree on your return to matrimonial home then it is obvious that Divorce is the way out, but only after 1 year of completetion of a marriage which is as per Law.
4. If you are looking for divorce then withdraw S. 9 RCR and file for Divorce and with divorce your rights to maint. (if any) + stridhan + alimony are all protected at the end of the day.
5. Calculate how much you are spending on legal fees and re-read all replies here to your post and visualize actually which direction your multiple rights cases will eventually lead your matrimony into! Only to divorce at the end of the day. Now ask Adv. Chandu how many cases husband and his side of family were awarded conviction under s. 498 A and also ask only him now how many husbands and his side of family in last 6 years are convicted under DV Act, ask Adv. Chandu did any Govt. servant drawing HRA ever got residence rights under DV Act till date, also ask Adv Chandu for an 7 months old marriage can you get mental compensation monetary allowance under DV Act and so on so forth. By some of these long term questions I donot mean to dampen your and Adv Chandu’s spirits in any way please donot think on those lines at all. I am with you!


In your situation only you should take charge of your 7 months old marital life as to what quality of life you want to “gift yourself” at the end of all these knowledge exchange. 

Sir. . .

(1) maine aur mere parents aur relatives ne mere husband aur mere in-laws k sath mediation k liye bahut try kiya par unho ne koi response nahi diya. 

(2) mere husband ne state women cell me mere par case darj kiya aur uski sunvai par me hajir thi lekin vo log  hajir nahi hue isliye state women cell ne case despos kar diya.

(3) district court me dv case ki notice unhone receive ki par case ki tarikh par vo hajir nahi rahe isliye Hon' judge sir ne mere husband ka answer dene ka right rok dene ka order diya aur mere in-laws ko fir se notice bheji gai he.

(4) maine mediation ke liye state legal authority me application ki thi isliye unho ne mere husband ko contact kiya to mere husband ne district judge sir ko letter likha ke ab aap mere contact karoge to me aapke upar case karunga

(5) meri 498 ki application par police ne mediation ke liye unka contact kiya to mere husband ne police ko bhi co-operate nahi kiya.

mere husband socialy  aur legally mere samne nhi aa rahe.  Sir. mere case me ab kya ho sakata he. .?