LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Help on dowry harassment

Hi

I am from Mumbai and after the marriage moved to London and in laws stays in Chennai.

I am facing harassed for dowry from the time we got married, later for having a girl child also there were incident of physical abuse and there was also a complaint registered here with the local police.

Now my husband has cut all phone connection so that I should not be in touch with my family and with out tell me went to Chennai, India last month and filed a divorced with the family court and sent me a notice.

Under these circumstances what are my options?

Can I file a dowry harassment/ physical abuse case while I am in  london in any court in India?

The case should be filed in Chennai or I can file in Mumbai?

Can my brother or Mother (Who stays in Gujarat ) can file a case for me?

How to deal with the notice issued by the court, as I don’t have any means to travel to India and attend and more over I am scared going to Chennai ?

Some help and clarification on the above question from the group.



Learning

 9 Replies


(Guest)

All these happened during the stay and visits!! and rest of the time when she is on skype while talking my husband.

And by the way, if not want to help...  dont act as Judge !!! I need some clarification and help and dont want lesson on missuse of Law...

T. Kalaiselvan, Advocate (Advocate)     14 May 2014

@Sheela Pillai:  The option available before  you is that you can lodge a complaint against your husband with the local police at London for harassing you, torturing you either physically or mentally etc., if you intend to lodge a complaint against your husband and his parents and others, you have to be physically present in India, lodge a complaint and you may have got to follow the case yourself, no doubt your power agent can follow it up during your absence but you have to be physically present for letting in your evidence before the court narrating the incidences of  tortures and harassment that were meted out to you by all those impleaded in the FIR and also you have to be available for cross examination too. Since it is a state prosecuted case, you have to ensure that the case is proceeding in the right direction as well.  Your brother or your mother cannot represent and speak for you before the court in the criminal cases. You have an option to lodge a complaint either in Mumbai or at Chennai.

Gautam Kapoor (IT professional Studying Law)     14 May 2014

carry on the case if you are truly aggrieved.But looking at the way you are posing specific questions it surely looks that you have done your homework pretty well and only trying to reaffirm them in this forum

Also looks like you are adamant on filing the case (right or wrong ) only you know.If you had read Rockys post with a cool frame of mind then you would have surely understood that he warned you not to file a false case... which is a help by itself....it could have serious complications legally,emotionally,financially and more important ... a broken marriage...

Goes without saying ... you look to be highly educated...google up on 498 and then make a judicios decion.

All the best.

navdeep (ABM)     14 May 2014

Dont misuse law which is meant for the help of really harrassed women.

Biswanath Roy (Advocate)     14 May 2014

A person who is a citizen of India is liable to be tried by the courts of this country for acts done by him, partly within and partly without the Indian territories, provided  the acts amounts together to an offence under the Indian Penal Code.

If at the time of committing the offence, the person committing it is a citizen of India, then even if the offence is committed out side India, he is subject to the jurisdiction of the courts of India.  The Rule inunciated in section 4 of the Indian Penal Code and section 188 of the Code of Criminal Proceedure is based on the venue of the offence.

In view of the above you shall have to come to India for filing criminal case against your husband and shall have to stay India to conduct your case under your close supervision and care.


(Guest)

I know what i am doing, Thanks Anyways

Sudhir Kumar, Advocate (Advocate)     09 November 2014

have you repeated on

 

https://www.lawyersclubindia.com/forum/Can-a-mother-file-a-case-of-dowry-harassment-111798.asp#.VF9B2WeO5G0

AS   09 November 2014

Beaware , You are in London , Police will put you in jail the movement they will realize and get evidence that you are filling a false complaint, London police is not like indian police madam.

You file a false complaint in london , it will help your husband in getting divorce in india.

Options :-

Hire a lawyer and fight divorce case, You dont have to by physically present.

But why you fight divorce case as per you he is bad guy . But you dont want divorce which means he is not a bad guy , you are lying ,You have only problem is that why he is divorcing you ...

 

 

DigiLawyer   14 August 2024

Hello! I'm so sorry to hear about the difficulties you're facing.

Legal Remedies:

Jurisdiction: You can file a dowry harassment and physical abuse case in the court having jurisdiction over the place where the offense occurred.

Filing the case: You can personally file the case, or you can authorize your brother or mother to file the case on your behalf as your legal representative.

Dealing with the court notice: Given your circumstances and the fear of traveling to Chennai, you can seek the assistance of your lawyer to respond to the notice and request an exemption from personal appearance.

Experience seamless legal assistance—discover DigiLawyer.

Team Digilawyer


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register