Dowry harassment
ABC.......
(Querist) 18 August 2009
This query is : Resolved
Girls marriage has been solemnised as per Hindu Marriage Act. But just after 1 month of her marriage she has been harrassed, tortured by her husband and in-laws. They have stolen her jewellery and kept in their locker. Now they wanted her salary, investments etc. When she and her father refused to fulfill their dowry demands they tortured her more and one day her husband beated her up. So she had to call the police. She has not filed any FIR but an application with police. Then police helped in compromise. But the same harassment continued. Due to this the girl returns back to her parents home. She then filed an application with Women Cell. The husband has filed petition u/s 9 of Hindu Marriage Act with wrong allegations. Girl dont want divorce but dont know what the boy wants. Is there any remedy in law by which a girl can stop her husband to take divorce. Please advice.
Shashikant V. Patil
(Expert) 18 August 2009
File a counter case under section 498-A of IPC against all who indulged in harrassment in the Police Station as the husband of girl filed a false divorce case with an ill intention to apprehend the girl and her father to extort dowry money and same to make submission before honourable court of family.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 18 August 2009
Dear Geetika,
I want to talk to u in person. U can cal me at 09871158578, 09711364956
Jayashree Hariharan
(Expert) 18 August 2009
I would like to offer a simple suggestion. Do they have a kid? Is the girl interested in living with her husband even after all this? if not, take police help and get all the jewels back. Let the divorce case culminate into mutual consent. Pls enquire and then take action.
senthilkumar
(Expert) 18 August 2009
I agree with my learned friend Ms.Jayashree.The marriage nowadays are not treated as early days.It is an union of two minds.Try to get counseling through some counselling centre, even after that the husband not changed his attitude then think of divorce by mutualconsent .
charudureja
(Expert) 18 August 2009
well contest the case and file 498A. u still think that there shouldnt divorce. wht life the girl is leading, a harrased, demoralised and beatings. the girl is also human being n not a chattel that u give money beacuse she is living in the husbands house. so i advice u be brave n contest the case with a brave face and please try to stand on ur own feet so that nobody can degrade u. once u stand n face every situation bravely u will see a sea change in the attitude of people n even ur husband towards u.
Kiran Kumar
(Expert) 19 August 2009
this 498-A issue has become really dangerous to be answered here.
matrimonial disputes are rather giving divide among the members here on LCI.
sorry for the observation.
on advice part i agree with PARBHAKAR.
VIKAS RAJ CHHAJER
(Expert) 19 August 2009
This is the total description for the above case:----
Dowry deaths constitute a special category of death that was first defined in a section introduced into the Indian Penal Code (IPC) in 1986. Section 304(B) stipulates that a death of a woman within seven years of her marriage by burns or bodily injury wi th evidence of cruelty or harassment by her husband or his relatives in connection with a demand for dowry is a "dowry death" and punishable with imprisonment for not less than seven years.
Three years prior to this, Section 498(A) was introduced in the IPC. This states that any form of cruelty, whether it is from a husband or the relative of a husband, to a woman is an offence that is punishable with imprisonment up to three years. Cruelty , as defined in this section, includes any wilful conduct that could cause mental torture, physical injury, or drive the woman to commit suicide, whether in connection with any unlawful demand for property or not. In fact, the first part of Chapter XVI o f the IPC (Sections 299 to 311, which are offences affecting life) can also be invoked in case of a dowry death or suicide. Under Sections 299, 300, 301 and 304(A), culpable homicide, murder and death by negligence are crimes. Section 302 lays down the p unishment for murder: death sentence or imprisonment for life.
Sections 113A (Presumption as to abetment of suicide of a married woman) and 113B (presumption as to dowry death) were added to the Indian Evidence Act and can be invoked in cases of dowry murder or suicide. The Code of Criminal Procedure (mainly Section s 174 and 175) lays down the procedure and principles of investigation into a crime.
Despite these legal safeguards, the incidence of domestic and marital violence has continued to grow: indeed, violence has acquired more grotesque and outrageous forms, while the perpetrators of such violence can yet escape the law.
And if your need any thing on this issue furthur then feel free to communicate with me.
VIKAS RAJ CHHAJER
adcovatevikasraj@gmail.com
+91 9314023636
Vijyant Nigam (09807349001)
(Expert) 19 August 2009
well i also agree with Mr. Prabhakar and Mr. Kiran,
some of my learned friends talked about divorce. but as far as i know that application under section 9 is for "restitution of conjugal rights" and not a suit for divorce.
thanks and regards
vijyant nigam
advocate
high court lucknow
chamber: FF-13, First Floor,
ABC Complex,
6, Quinton Road,
Kaiserbagh,
Lucknow
mob:9794208026
email:vijyantnigam@gmail.com
Sachin Bhatia
(Expert) 09 October 2009
The marriage nowadays are not treated as early days, if she wants to continue matrimonial relationship, please do not file criminal cases, such as Section 498-A etc. as it will spoil the chances of reconciliation.
