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Harsimran Kaur   18 March 2024

Query on dowry and divorce case for nri

Hello, can someone please guide me a bit about below case.

My sister in law wants to file a dowry and divorce case against her husband. She was married for 4 years and has a kid. But she has been living in her father's home on and off since last 1 year due to conflicts with her husband.

She brought a car and jwellery in her marriage and her parents willingly gave everything and held a lavish wedding. They have already taken the car back and sold it, and also have taken most of the jwellery they gave to my mother in law but we don't have any proof for it.

She now wants to file a false dowry case to extract more money in name of kid as the kid's father is unemployed and has multiple debts due.

Me and my husband got married in 2021 and have moved to Canada last year based on study and work permit.

If my sister in law now files for a fake dowry case, against entire family, will we need to go back to India or face issues in future if we visit back and will my mother in law be jailed ?

 



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 10 Replies

T. Kalaiselvan, Advocate (Advocate)     18 March 2024

If the dowry harassment case has been filed by the wife in India against all those of her husband's family, they need to attend the police station for inquiry and investigation.

Failing to which the police may issue non bailable warrant against them. In that case they may be arrested while returning to India at the airport itself.

The divorce ase is totally different to that of the criminal complaint

1 Like

Harsimran Kaur   18 March 2024

Hi thanks for reverting.

But a counter case for filing false dowry can be filed against my sister-in-law right as per the new Indian laws ?

Would it make the claim on us bailable if a lawyer represents us in India ?

There is no proof of me and my husband getting anything from her family in dowry and we have all the legal proofs in bank statement that all funds we have and have used are legal and based on my past Indian salary.

Moreover, there are currently no assets in name of my brother-in-law and he is working on meagre salary. So can she still demand money based on it ?

 

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

No counter false complaint will be entertained because she has lodged a criminal complaint for dowry harassment hence no reason for any counter complaint. 

Even if you engage a lawyer in India,  your presence is essential to get enlarged on bail. 

Besides,  this is non bailable offence hence you have to be present before court on each court date. 

The evidences in your possession will come to your rescue during the trial proceedings st court to get the case dismissed. 

Dr. J C Vashista (Advocate )     19 March 2024

The facts posted are your apprehension and premature, wherein your sister-in-law has not yet filed any complaint.

Generally dowery case(s) are settled amicably by a decree of divorce. The family members of husband need not worry particularly after passing a judgment by Supreme Court titled as "Arnesh Kumar V State of Bihar" although there is some harashment to all the member accused by wife.

Harsimran Kaur   19 March 2024

Thank you so much for helping out and sharing all the information. It means a lot.

Sudhir Kumar, Advocate (Advocate)     19 March 2024

 

They have already taken the car back and sold it,

and also have taken most of the jwellery they gave to my mother in law but we don't have any proof for it.

 

“They”  WHO SOLD THE CAR.

 

 

 

She now wants to file a false dowry case to extract more money in name of kid

 

FOR SEEKING MAITENANCE OF KID SHE DOES NOT HAVE TO FILE DOWRY CASE.

 

as the kid's father is unemployed and has multiple debts due.

 

 

IS SHE OR THE KID RESPONSIBLE FOR UNEMPLOYMENT AND DEBTS.

 

 

Your own sketchy descripttion give indication that she is wronged up.

 

Harsimran Kaur   19 March 2024

The assets brought by my sister in law during her marriage willingly i.e., her car and her jwellery was already returned to her family by my mother in law based on mutual discussion, and my sister in law's family has further sold out the mentioned car. 

My sister in law now wants a divorce but is asking for 12 lakhs as compensation, and has been harrasing us that if that's not given she will file a case against the entire family.

Yes, the debts taken by my brother in law were for their personal expenses which included money spent on childbirth and care and now that he can not support my sister in law and his child, she wants to file for divorce. 

The rest of the family including my mother in law, me and my husband were not aware of the debts untill now, when the matter escalated to their separation. I got married recently, whereas they have been married for 4+ years. 

 

I just wanted clarity that if she files a dowry case, mentioning my and my husband's name, would I need to go back to India leaving my studies in between.

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

If you have been impleaded in this complaint then you will get summons, in that case you can send your reply from there itself. If necessary you can come down to India and either challenge the case or can file a quash petition by staying in that place itself through an Indian lawyer in India

Harsimran Kaur   19 March 2024

Okay thank you for confirming it.

T. Kalaiselvan, Advocate (Advocate)     23 March 2024

You are welcome for your understanding. 

 


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