Torture for dowry after 16 years of marriage
4WhatIsRight
(Querist) 19 May 2013
This query is : Resolved
We are a family based in Silliguri.
My sister under family arranged marriage practice got married to one person in 1996 and it was arranged by one of our family friends and my brother in law (b.i.l) was then staying in Bangalore.
We gave reasonably fair dowry in terms of jewellery and cash as a standard custom.
Immediately after marriage they left for Bangalore. For first few years things were smooth.After few years of the marriage my sister complaint that her husband has sold of all the jewellery given by us as dowry and was not taking care of her and has been treating her like a bonded labour. When we confronted b.i.l, he said that he was mentally disturbed as he has suffered huge losses in business and was being harassed by creditors (banks, finance companies and individuals) for default on payment of dues amounting to Rs.19 lakhs. His family citing the plight of my sister requested us to help, to which we obliged to an extent of Rs.8 lakhs, as my sister had to face the ire of creditors in his absence.
After this incident he requested us to help him start a new business, to which we also obliged as it would bring happiness in my sister life.
My b.i.l's brother also approached us asking for some financial assistance to set up a business in Sillguri, which would be selling its products in Bangalore through my b.i.l..
My father was initially reluctant but when b.i.l's brother insisted that it involved improvement of sister married life too, my father obliged by arranging a cash loan of Rs.10 lakhs for him from an individual.
Meanwhile my b.i.l decided to leave Bangalore as the creditors were chasing him for default in payment.
He said that he wanted to settle down in Jodhpur as few of his friends were doing great business there and requested us to help him for initial period by way of some capital and monthly house hold expenditure for few months.
We helped him despite our limitations.
After spending two years in Jodhpur, he said he was not finding the business viable
and hence has decided to return to Silliguri, where his family stays too.
Once back in Silliguri, his entire family Mother in law, brother in law- who has not returned the Rs.10 lakhs, sister in law (b.i.l's brother's wife)and my b.i.l has started torturing my sister asking her to get more money so that b.i.l can start new business here.
The torture has increased since we refused to help any further, as we are our self in a financial mess.
My sister has moved into our house, but they have not allowed her 10 year old son to come with her.
We have all the copies of bank deposit slips of payment made in their accounts, signed note of loan to his brother, and a video footage of all the jewellery given as dowry.
My sister has gone into depression and attempted suicide.
She says she has no reason to live.
She says promise me that you (me) will teach her in laws a lesson for ruining her life.
What shall I do?????????????????????
16 years of wasted life, 30 lakhs of worldly riches .....................
ajay sethi
(Expert) 19 May 2013
1) file complaint under 498A for dowry harrasment .
2) your sister can also file complaint under DV act and ask for miantenance , right to stay in shared household or alternative accomodation and also seek compensation .
3) she can file for divorce and also seek custody of her son
R.K Nanda
(Expert) 19 May 2013
agree with expert Sethi.
4WhatIsRight
(Querist) 19 May 2013
will complaint under 498 stand after 16 years of marriage
BRIJENDRA K SINGH
(Expert) 19 May 2013
After 7 years from marriage its too hard for presumption or or holding as dowry in the Judicial Court.
You have given gold etc. is not dowry, its stridhan.
Dowry taking or giving is an offense .
If you want your money back than you have to file civil suit.
You can also ask for return stridhan by another or same civil suit or with divorce petition .
Or you can demand all-in-one by Writ under Art. 226 of the Indian Constitution. Which is very simple and fast process.
I think it's sufficient for your requirement.
ashutosh mishra
(Expert) 19 May 2013
Only presumption is barred not the case i think!!!!!!!!!!
am i right sirs?
If facts stated in query are proved,a case of 498a is made out or not is the question to be considered here SIR BRIJENDRA K SINGH!
prove me wrong sir!
Raj Kumar Makkad
(Expert) 19 May 2013
Your similar query raised in my PM box has already been duly replied by me. Refer to that reply.
ashutosh mishra
(Expert) 19 May 2013
i did not know that sir!
i am So sorry to interrupt in privacy between you too.
Raj Kumar Makkad
(Expert) 19 May 2013
The reply of all of us pertains to the query of the querist and except exceptional circumstances, generally is addressed only to him. If querist contacted me privately then I also replied him accordingly. There is no hidden agenda Mr. Mishra.
4WhatIsRight
(Querist) 20 May 2013
Dear ashutosh,
All I would like to know is url opinion regarding case under 498.
Will my succumbing to his demand and offence.
If yes, then what next.
4WhatIsRight
(Querist) 20 May 2013
Raj sir,
Kya aur kaise file karun.
Maine didi ka ghar bachane ke liye paise diye the, kya yehi offence mana jayega.
4WhatIsRight
(Querist) 20 May 2013
Stridha.and dowry difference?
Sudhir Kumar, Advocate
(Expert) 20 May 2013
After few years of the marriage my sister complaint that her husband has sold of all the jewellery given by us as dowry and was not taking care of her and has been treating her like a bonded labour.
Ans : You can file a case under Dowry Act for return of stridhan.
When we confronted b.i.l, he said that he was mentally disturbed as he has suffered huge losses in business and was being harassed by creditors (banks, finance companies and individuals) for default on payment of dues amounting to Rs.19 lakhs.
ANS: Such mental disturbance is at times treated in Police Lock up.
His family citing the plight of my sister requested us to help, to which we obliged to an extent of Rs.8 lakhs, as my sister had to face the ire of creditors in his absence.
Ans : Why your sister thinks that bny paying additional 8 lakh she can buy peace with such husband. He is unable to maintain and the case is covered for divorce.
After this incident he requested us to help him start a new business, to which we also obliged as it would bring happiness in my sister life. My b.i.l's brother also approached us asking for some financial assistance to set up a business in Sillguri, which would be selling its products in Bangalore through my b.i.l.. My father was initially reluctant but when b.i.l's brother insisted that it involved improvement of sister married life too.
Ans : So it was for consideration of improving her marriage. By the way if he really intended to maintain a family and not able to afford business investment he could have driven taxi ast tourist destination like siliguri.
my father obliged by arranging a cash loan of Rs.10 lakhs for him from an individual.
Ans : Great wisdom investing too much on a defaulter desperado who is a suitable case for bankruptcy and yet expecting output from him. This amount was sufficient for him to buy a cab and drive for call centres at guagaon.
Meanwhile my b.i.l decided to leave Bangalore as the creditors were chasing him for default in payment. He said that he wanted to settle down in Jodhpur as few of his friends were doing great business there and requested us to help him for initial period by way of some capital and monthly house hold expenditure for few months.
Ans : So he was interested in great business and not interested in a just decent respectable living which he could afford.
We helped him despite our limitations.
Ans : I am sorry to say, you were spending so much to make him a rich businessman (for which he has no talent). You certainly had no mimitation but a lot of excess money.
After spending two years in Jodhpur, he said he was not finding the business viable and hence has decided to return to Silliguri, where his family stays too.
Ans : Well expected.
Once back in Silliguri, his entire family Mother in law, brother in law- who has not returned the Rs.10 lakhs, sister in law (b.i.l's brother's wife)and my b.i.l has started torturing my sister asking her to get more money so that b.i.l can start new business here.
Ans : Well expected as you have cultivated a habit of faling to extortion.
The torture has increased since we refused to help any further,
Ans : That was bound to increase. You haved created a situation that your sister has become a milch cattl;e for them.
as we are our self in a financial mess.
Ans : You created this for yourself.
My sister has moved into our house, but they have not allowed her 10 year old son to come with her.
Ans : Well expected otherwise how do they blackmail her to come back.
We have all the copies of bank deposit slips of payment made in their accounts, signed note of loan to his brother, and a video footage of all the jewellery given as dowry.
Ans : What will you do with this evidence. He does not have the capacity to pay that he owes you.
My sister has gone into depression and attempted suicide. She says she has no reason to live.
Ans : You have worked hard for 14 years to bring her to this situation. It is not her in-law but you are to blame.
She says promise me that you (me) will teach her in laws a lesson for ruining her life. What shall I do????????????????????? 16 years of wasted life, 30 lakhs of worldly riches .....................
Ans : Consult nearest lawyer and get the tortures arrested.
Y V Vishweshwar Rao
(Expert) 20 May 2013
DV Case-claiming all the reliefs , Return of Sridhana, amounts , Maintenance , Residence Accommodation -or-rent - etc
Raj Kumar Makkad
(Expert) 20 May 2013
Sudhir has chronically addressed the query which represents even my views. So follow that advice.
BRIJENDRA K SINGH
(Expert) 21 May 2013
Dear Mr. Ashutosh mishra
There are too many Judgements which proves me as per this case . like-
CHANDRA MANI PRASAD VS. STATE OF MADHYA PRADESH
LAWS(MPH)-2012-7-55
TLMPH-2012-0-432
HIGH COURT OF MADHYA PRADESH
Coram :- N.K.Gupta J.
Decided on July 13, 2012
CRIMINAL APPEAL No.1101 OF 1997
Chandra Mani PrasadAppellant
VERSUS
state of madhya pradeshRespondents
I think you may be clear if you have any quarry than call me.
BRIJENDRA K SINGH
(Expert) 21 May 2013
in simple words- Stridhan means an articles given by you as a gift And dowry means demand by opponent party.
4WhatIsRight
(Querist) 21 May 2013
Dear Sudhir Sir,
I agree in totality that we erred in judging the outcome of our acts to help.
Sudhir Kumar, Advocate
(Expert) 21 May 2013
No it is not error of judgement. It is refusal to judge.
The man had been advertising what he is time and again. But you were more interested to make him financially obliged because you had a lot of extra money to thrust. You would still have been interested to pay more if you were left with any more money.
4WhatIsRight
(Querist) 22 May 2013
I know that I have to reap what I have sown.
Raj Kumar Makkad
(Expert) 22 May 2013
Aapko nirash hone ki jrurat nhi. law aapke hak main hai aur hum sab bhi.
