Matrimonial disputes
Bhupendra Singh
(Querist) 21 March 2013
This query is : Resolved
Hello Experts,
Mine is a little lenghty matter.The case is like
My sister got married to her husband on 10 may 2010.Before marraige both them were enjoying good chat over phone,we still have sms of there communication.
Just 8 days before marraige they started demanding more money and gold, and gave us threat that they will annul the engagement.
Her husband was real culprit of the issue.I still have The SMS which he had sent me on phone demanding extra 3 lacks rupees for gold and bike.
After getting this SMS I asked my father to visit their place and My father went there and gave them Money which they demanded for Bike.
Next day Purchased gold for him which he had demanded. I had copy of transaction and Photograph of weeding ceremony where i am giving him the demanded gold.
After marraige life of my sister became hell. Inlaws started demanding more money.
This happened in absence of her husband as he is posted in other state, but he ia aware of the fact.Marriage is not yet consummated.My father went to them and again gave them Rs 25000, infront of her husband as he was present there that time.
Now all these drama was continued for 1 year.Her husband never took her to his place. He was always ignoring her right from wedding night.No phone calls and no communication through SMS.
I took her to his place with my mother.My Mother asked him several question regarding
consummation of marriage, that time he told that soon we are going to some exotic location.There she stayed for almost month alongwith mother and nothing happened there.
He came to my place alongwith my mother and sister as thet were supposed to go for outing.Next day he turned up and said that he has leave because of some urgent training call.
After a month he again started avoiding her.After my intervention and his officers intervention he came and took her with him.Now its almost 2 month and still we are waiting for Consummation of marriage.
several times my sister tried to get in to matter but now he is saying everything will happen according to his wish and may takes even a month,year and so on.
Now my query is
How should we handle this.
WHAT TYPE OF CASE WE SHOULD FILE. DOWRY/DV OR BOTH.
where we can file DV Case at our place or his place or in laws place as she has been harassed there as well.What will,be the area of Juridiction.
We have proofs like SMS,PHOTOGRAPHS AND VIDEOGRAPHY. Will court consider all these proofs.
How we can recover the stidhan and our Money from them.
Our objective is to settle her and if not possible then a hard punishment to them.
Pls help me on the matter.
Waiting fro experts Opinion.
Thanks
ajay sethi
(Expert) 21 March 2013
1) file 498A case against him and in laws for dowry harrasment .
2) file Dv case claiming maintenance , right to stay in shared household and compensation
3) file for divorce on grounds of cruelty
4) if her husband has not changed in 3 years better get divorced and move on in life .
Raj Kumar Makkad
(Expert) 21 March 2013
It is not understood when the husband of your wife and his family had started showing their real face of greedy persons even prior to fixation of day of marriage and they had further demanded the huge amount from you, how you all accepted this relationship which you want to end on today?
You all committed a blunder and thus contributed in spoiling the innocent life of your sister.
Anyway, do as advised above.
Bhupendra Singh
(Querist) 21 March 2013
Thanks For Your Advice.
Pls help me understand where should v file DV Ca
se
How we can recover our money back.
Devajyoti Barman
(Expert) 21 March 2013
DV Case can be filed wither at the address of the complainant or that of the opposite parties.
Bhupendra Singh
(Querist) 22 March 2013
What punishment will they get if we prove that they had demanded and accepted dowry.
Raj Kumar Makkad
(Expert) 22 March 2013
You need care for the punishment as on day because it shall be decided by court after a lapse of over 4 years. Why are you asking that question as on day rather a step to be initiated on today?
You sister needs to make a detailed complaint under the drafting of a lawyer dealing such cases to SP of your district in Mahila Cell and then wait and watch their action. DV Act case can be filed directly in the court and Mahila cell shall see 498A/406 case in which you may hope of recovery of dowry articles.
Bhupendra Singh
(Querist) 22 March 2013
But can SMS, Photo and video will be considered as demand and acceptance of dowry.
Bhupendra Singh
(Querist) 22 March 2013
Hello Experts,
Pls help me understand if SMS, Photo and Video are acceptable jn court as Proof of Demanding Dowry.
Thanks
Adv k . mahesh
(Expert) 23 March 2013
what all proofs you have you can submit at the mahila cell and file DV at your place
and also give the details of amount and ornaments you have given to mahila cell
Bhupendra Singh
(Querist) 26 March 2013
Thanks Sir
In case of Dowry, Evidence of Proof that they havent demanded dowry lie upon the respodant side.Is it true.Pls help.
Bhupendra Singh
(Querist) 28 March 2013
Hello Experts
As u are aware about the case.
Now her husband has left the home and she is alone there.her inlaws are giving threat to my parents.
Pls help me what should be done now.I am going to take sister to my home.What all formalities needs to be done before leaving matrimonial home otherwise he may clam theft case us on us.
Pls suggest.
Raj Kumar Makkad
(Expert) 28 March 2013
Your sister should contact to Protection Officer appointed under the Protection of women from Domestic Violence Act first and should take all actions as per her guidance in writing.
Bhupendra Singh
(Querist) 07 April 2013
Hello Experts,
I have read in some blog that non maintanace of wife by govt employee is misconduct. Is it so then what can be consequences.Pls give ur suggestion.
