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Amrita (Employee)     13 April 2013

Dowry harassment/ divorce

Hi,

 

One of my cousin sisters was married for 4 years in Gurgaon and has a 1 year old kid as well.

She was constantly harassed for dowry during the 4 years and also subjected to mental torture.

She was working while she was with her in-laws/husband.

 

Now she has decided to call off the marriage and has come back to her parents' house in Rajasthan.

Her father is no more and she is living with her mother.

 

Even though she can register an FIR for dowry harassment she simply wants to get one time alimony and get divorce.

So, I want to know :

 

1. Should she send a legal notice to her in laws - asking them a one time settlement amount  and telling them that otherwise she will register a dowry harassment/domestic violence FIR?

 

2. Will that legal notice be construed as an extortion mechanism by the court or it's considered a normal legal practice?



Learning

 8 Replies

dv (ghvhb)     13 April 2013

WITHOUT PREJUDICE 1.She is working, it means she is educated. She can think rationally and knows her rights. 2.She does not want to resort to talking things out, neither does she want to seek mediation. 3.She does not want to discuss the child. 4.her prime concern is alimony If the above is true,it says a few things Maybe she wants to remarrying someone she now or loved before There is no logic why after 4 years and a kid she wants to take this drastic step that too with threat. If really there is any substance to whatever she claims tell her to bring the case and fight it on merits. I am sure she will get support from a lot of people if she is really a victim. If she is not speaking the truth then tell her to think a million times before she ruins the kids life.

Ranee....... (NA)     13 April 2013

Tell her to consult an advocate .She need to file divorce petition on the ground of cruelty and for maintenance u/s125.

Tajobsindia (Senior Partner )     13 April 2013

1.    I agree to advice given here by @ Ranee….

2.    FIR may be an option but it will delay her goal to get lump sum amount and will also induce her to file associated family law cases other than the one specific to FIR which will again delay achieving her short term goal.
Reasoning: Proving content of FIR is long time consuming procedure of Criminal Court and when her goal is to seek lump sum amount then divorce suit matter is enough with allegations of dowry demand and torture in it as FIR if proved or not proved will also lead to divorce of Couple and in divorce suit matter when used by either party via court mediation both can sort out lump sum payment issues or reconciliation is also possible. With FIR on his / in-laws head reconciliation is not possible nor any interim maintence she achieves. With divorce suit interim maintenance for child will start and your cousin if found educated and working may not get interim maintenance. FIR in context may help in putting pressure but indirectly will monetarily drain your cousin out as she will be forced lured to file so many other family law cases and cumulative effect will be that she will come to mediation table faster than currently she anticipate via filing FIR  route is generic view. Suggest her to take wise decision.

abhishek (advocate)     13 April 2013

agree with ranee consult a local lawyer and if u cud tell me where she live in rajastahan i can suggest some local lawyer

Anjuru Chandra Sekhar (Advocate )     14 April 2013

Claim compensation under Domestic violence act.  You will get maintenance under cr.pc.sec.125 but alimony is difficult to get.  One time settlement is possible if you could prove that they have taken dowry from you.

Anjuru Chandra Sekhar (Advocate )     14 April 2013

Pls. substitute word OTS for alimony in previous mesg.

kanwarjeetsingh (Adv)     17 April 2013

 

Opinion given above at no.1 & DV is quite well and agreeable but I also agree with ranee. You have to consult a local lawyer and further you may approach CAW cell for Domestic violence and dowry harassment. It is not easy to file FIR, however after filing complaint with CAW her in-laws will have to join the proceeding and by this way, generally both the parties come to file application of divorce with mutual consent and accordingly alimony/OTS is possible (Mind it, is for the istridhan only). You may some local advocate dealing with such matters. Nothing is impossible. But you have to come with clean hand.

 

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     21 April 2013

aap ko lagta hain ki aap jiski help kar rahi hai wo really victim hai, madam jin logon par dahej ka case lagaya jata hai wo ek ground hai, dahej koi nahi mangta, jo mangate hai wo shadi ke samay hi clear ho jata  hai. wo mangane se pahle hi ladki ka baap de deta hai. use bhi to khud ko bada dikhana hota hai.

badi problem hai aap jaisee friends jo unhe kanoon sikhati hai, acchaa hai. 

acchhi cousin hai aapki. usse pata karo ki real baat kya hai.....

kabhi case file kiya aur husband ki sarak gayi to fir court ke chakkar katate rahna.....aap unke liye sirf ek case honge. wo bhi band file mein....

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