Domestic Voilance ACT
ANIL KHATRI
(Querist) 17 June 2008
This query is : Resolved
My sister in law filed a dowary case on us in June 2003 and at the time of that case they were living in a rented house. can she file a case on us under DV Act ? Also my parental hose is on my mother's name. My mother died in June 2007. Can she claim the share in the property. My mother has not made any will but my brother has no objection to transfered it on my name. Also i had taken a home loan for the construction of that house.
Guest
(Expert) 17 June 2008
When did the marriage occur. Was dowry received, if yes in what form? Any evidence for that.
Domestic Voilene ACt is diiferent from Dowry Prohibition ACt, both act in different circumstances, may sometimes overlap.
She can claim only through her husband. As there is no will, the inheritence happens and you and your borther and other descendents will get share. Your bother can gift such share to you, so that you will full owner of the house.
Does your brother have a separate home for himself.
ANIL KHATRI
(Querist) 17 June 2008
Thanks Mr. Kortesh.
Marriage was held in January 2003. Her father gave us Rs.125000/- cash for the marrige arrangement from her side as at the time of marriage he was met with a road accident. I gave him a receipt of the same. But after marriage we returned Rs.35000/-balance amount (on 21-01-2003) and received a receipt from her for the same.The marriage was held simply with 50-60 guests of the both side & we cant accept any dowry from them. In the verdict of the case of sec 125 court has also accept the point that one who demand for the dowry can not give the receipt of the same.
Secondly my brother has no other hose of his own and presently he live with us. But before this dowry case my mother made a declaration in the local newspapers that we have no relation with our brother.
Srinivas.B.S.S.T
(Expert) 17 June 2008
Has your sisterinlaw fied a case to recovery of dowry amount???. Either the wife or the Fatherinlaw alone are competent to claim return of dowry. Please gimme some more deatils. As far as the house is concerned you can either obtain a gift deed or a relinqueshment deed from your brother.
Guest
(Expert) 17 June 2008
As both are not viisiting each other, there is no chance for voilent act on the lady. Is this correct. Then donot bother about Domestic Voilence Act. If already framed, you can fight it and prove your innocence.
At first you said Dowry case, now you quote 125 Cr.P.C. Which the case you are attending. 125 or dowry.
If 125, your bother will have to pay the maintenance from his source.
After your mother's death have u got your name and brother's name entered in the registers of the municipality or other such authority. If not do it now.
Your sister-in-law is a claimant through your brother and not a direct claimant to the property.
If your brother can keep paying the maintenance as per court order from his sources, and if he is resourceful, he can gift this house to you in recognition of your payment of the loan. Is there any hurdle for gift. Please examine from this angle.
ANIL KHATRI
(Querist) 17 June 2008
My brother's wife filed cases u/s 498A,13,18, 24,125 & 406. Out of them only in the case of u/s 125 court gave his final decision. We got the bail U/s 498A & 406. Earlier we have arresting stay U/s 482 from the high court which is vacated in December 2007 on the grounds that it is a matter of evidence and get it trialled at lower court. We are only two brother.In all the cases she submitted as evidence only her parents name. Also in all the cases in affidavits submitted by them there are many
differences in their statements including in the list of dowry.
I have two questions
1. What are the basis of alimony in the divorce case? Is it monthly/lump sum or both?
2. Now she and her parents threatens us not to attend the court on the dates as the cases were at the stage of her & her parents trial. What should we do ?
Srinivas.B.S.S.T
(Expert) 17 June 2008
The basis of alimony is montly as it is usally claimed in monthly by the petitioner.
If they are threatening you people you can ask your advocate to file a petition in the court so that the same can be brought to the knowledge as well as record of the court
Srinivas.B.S.S.T
(Expert) 18 June 2008
see to that your brother transfer his share before you sis-in-law gets an attachment
arunprakaash.m.
(Expert) 18 June 2008
With respect to your query as soon as posssible you get property transferred in your name.
