completefaithinu (x) 10 December 2012

Maintaineance and punish the cruel

Please help me........My cousin(girl) got married on Aug 2010.From the first day the husband family started torturing her for dowry.She tolerated all the harrassments by his family since the marriage was done in a very grand manner and she didnt want her parents to get worried by knowing this. But after a while it was really difficult for her to tolerate since it grew gradually. Finally she told the bitter truth to her parents. When her parents went to his place, they behaved in a very strange manner (scolding her, complaining her) so they had no option but bringing her back to their home in Sep 2010. Girls family did whatever they can to compromise them. But still the boys family came up with some stupid reasons as she is not cooking properly etc....After 3 months she again went with little hope that atleast her husband will take care of her.But again the whole family started harassing her by making her stay in separate room, not giving her food properly, took away her cell phone, scolding her and her family in abusive words, beating her, asking rent for the room where she stayed...So this continued as a loop...

Somehow the girls family came to know this and Finally both the family elders assembled for a talk and all of them understood that the mistake is on the guys family. But still the guy asked for 3 months time stating that he was in a disturbed state and he assured her that he will take care of her.This took place on Nov 2011. But after that, there was no respone from his end. He is not attending her call or his relative elders call. So the girls family went to womens police station for compromise. But all went in vain. He was not ready for a compromise. He is asking for a divorce.

So the girls family had registered a Domestic violence Act and Dowry act on his family(in laws, husband, sister) on June 2012. Till now only his father alone came to the court giving lame reasons for other family members not attending the court.So we are in a confused state as what to do now,

Please clarify the below doubts.

1) Can we file an FIR and arrest his family. Is there an anticipatory bail for this case. If he took anticipatory bail then how can we proceed further?

2) What should be the maintaineance amount that he should pay, as he has destroyed the girls past (2years) and future. She is not working and doesnt have a child. How is compensation/maintaineance calculated. Is it from the starting day of marriage since she has been mentally and physically tortured or from the day when the file has been registered in court.

3) Can the expenses for the marriage be claimed. Since they booked hotel rooms for their relatives during marriage and spend lavishly during marriage.

4) A part of the girl belongings(jewels,dresses) are handed over. How to get the rest (mobile,albums,other items) from him.

Please give us your valuable suggestions as it would be really helpful.

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1 Replies

kalyan (engineer) 11 December 2012

1) Can we file an FIR and arrest his family. Is there an anticipatory bail for this case. If he took anticipatory bail then how can we proceed further?

Recently many courts are giving anticipatory bails on 498a. Eventhough the case is registered strongly, he will get a bail within a week unless your daughter is hospitalized due to the harassment of them.

There is no clear write up for the maintenance amount calculation. It based on the income of him at present and the judge's mind. Approximately 3000 - 10000 rupees per month. Please remember anohter point that your daughter is not eligible for compensation if she get married again. In other words your daughter could not marry another guy till she gets compensation from her present legal husband.

3) Can the expenses for the marriage be claimed. Since they booked hotel rooms for their relatives during marriage and spend lavishly during marriage.

Expenses of marriage could not be claimed by both sides. Only stridhan given at the time of marriage can be claimed by providing proper bills.

4) A part of the girl belongings(jewels,dresses) are handed over. How to get the rest (mobile,albums,other items) from him.

You could list it out all the items which are with him and could recover all by providing sufficient proof of those items. If he says that those items you listed are not with him, how will you prove it?

It is much more difficult to prove everything before court. Waste of time and energy. If you want to continue with your son in law, better speak with him again and try to solve the issues between them. Taking a decision in anger will make you to run behind the courts for years and will surely spoil the bond between your daughter and son in law. I mean, after 498a, your daughter could not lead a peaceful and happy life eventhough she is taken back to her matrimonial home. so, if you dont to want continue with your son in law, better go with MCD. its my suggestion.