Dv,498,section 9
Querist :
Anonymous
(Querist) 22 June 2018
This query is : Open
respected counsels, i have got married 4 years back,my marriage has never consummated due to willful refusal of my husband,my husband and inlaws has tortured me in every way.very cleverly my husband took a rented flat and taken me from my matrimonial home to that rented flat and after some time he left me alone in that flat. meanwhile he didnt give any single penny for my basic things.i was continuously living in the same flat and waited for him 2 years but now i have stopped paying rent .now i have decided to take some action as i have already suffered alot.so that i came to my parental place nd filed maintanence case.. sir i have filed domestic violence also. mene suna hai ki domestic violence 1 saal ke sepration ke baad nahi fule kar sakte sir is that true.mere husband ko mujhe desert kiye hue 2 saal hone wale hain..pls suggest me what should i do. my secong question is my advocate suggest me for 498a and section 9 also.can i file 498,dv and section 9..kya ye contradiction nahi hoga.if i file section 9 and 498 a and dv all together,.kindly suggest me what should i file.my marriage has noit consummtade that s y advocate is saying for section 9 and they have taken a huge dowry in wedding thats y they are saying for 498 a too. kindly suggest what cases i can file.should i file 498,dv and section 9.can i file dv for after ssepration of 2 years. pls suggest
regards
Vijay Raj Mahajan
(Expert) 22 June 2018
Quite contradictory when the charges of dowry demand u/s 498A IPC and domestic violence against the husband are made out, wife seeking restitution of conjugal rights under section 9 of the Hindu Marriage act,1955. The ability and competence of the advocate advising all this very clear and best to change such advocate for your own good.
DV complaint can be filled anytime even after her leaving the matrimonial or shared household 2 years back because the domestic violence towards to wife need not be in personal presence it can be through phone, email ,messages or other manner of communication that wife can be harassed that amounts to domestic violence.
You decide what to do with the marriage to continue it or dissolve it, there cannot be any third way to workout this, all those filling criminal complaints etc. is wrong advices coming your way, and it will be trouble for you as well your husband.
Adv. Yogen Kakade
(Expert) 22 June 2018
Madam,
You can certainly file a complaint under provisions of domestic violence act. and you have every right to apply for maintenance from your husband. File an application for seeking interim maintenance. As you have got married 4 years back, you also have a right to file a complaint u.s. 498 a IPC.
Do not merely go with the provisions or sections available in law or suggested to you. You will have to decide which way you are willing to proceed and what relief you are expecting from the court.
It is advisable for you to consult a good lawyer.
All the best
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-25882888 / 09225510883
Querist :
Anonymous
(Querist) 22 June 2018
respected counsels,
u suggest me what cases should i file in my matter.i dont have parents.my husband nd inlaws has taken huge dowry through cheque.maraige did not consummated,husband left me alone in rented flat.didnot pay any single penny for my need.i tried alot to save my marriage but now i have become hopeless,he has already mailed me for divorce but baad main khud hee sattlement se mukar jaTA HAI,HE is trying his best to harras me.
aap hee bataye what should i do,he has hidden everything from me his income his property,now he says he dependent on his father his business is running in loss.
i have been trapped by them.they have taken 10 lacs through cheque nd wedding expenses are seperately.
should i file rcr.rcr will be useful but i dont think so ..u suggest me what should i do.now he has stopped paying rent also so that i had to leave that rented accomodation too and i had to come back to my hometown...
kindly suggest me somthing
Kumar Doab
(Expert) 22 June 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also
rajeev sharma
(Expert) 23 June 2018
You may file 498a as it does not have a limitation period. You have already filed case for maintenance. Now you are in dilemma whether to file suit under sec 9 or not . In your subsequent post you have mentioned that your husband agrees for divorcee but resile subsequently. There is a possibility if you file RCR he may file divorce if he does not want to live with you. In that case you may fight the divorce suit and may enter into a comprise . Dont say that the amount of cheque was a dowry. File a suit on behalf,of your father to recover that amount as a friendly loan. If you are apprehensive that he will concede to RCR case then file divorce on he ground of cruelty and desertion. Impotence though not a solid ground but may be taken and the non consummation of marriage too may be a ground as it is also a ground of cruelty.
Guest
(Expert) 23 June 2018
In 2 years you should have got divorced or find some keep for yourself. Going to court is waste you will feel after sometime. If some property is stuck then you can fight for release of property in anticipation that you will get your property back. In this case you have invested zero. And you expect court to give you lakhs. Will that work? You are educated woman you wont get alimony more than 6 months from husband that too if he gives.
File 498a if you given dowry, but recovery chances of the money are zero. Coz first it should be proved that you gave money to him. Like you are asking lawyer he will also have lawyer and try to escape from paying you anything. So it’s a futile exercise where your life will be stuck, for more than 3 decades, by end of it you wont produce children, nobody will want to marry you. It is best that you take mutual divorce and find some other man and re-marry.
