Regarding Dowery Case
Bhavna
(Querist) 11 February 2009
This query is : Resolved
Hello Sir/ Madam,
This is inform you that my marriage is broken, reason being the extreme mental and physical torcher I had been through. That guy and his family are so greedy, so cruel, they used to abuse me and beat me like hell, my husband tried to kill me one day. Finally my Father came to take me out of that hell. We tried a lot from our side to save the relationship but that fellow wanted Octavia car (worth approx. - 17 lack) that we couldn't afford finally he desserted me. Now he wants divorce.There was no option left for us rather than legal actions, this matter has gone to court.
My Husband was arrested and he was there at Jail for 4 day, then he managed to get the bail.He is charged Under Law Section 498A, 506, 34. The case is going on.
That Guy in fact never wanted me to be with him, inspite of trying to patch up using conjugal rights etc, he has applied for judicial separation. I want to know that if the matter is in court is it advisable to go to Human rights commission and national women's counsil, If Yes how can i approach them ?
I need some legal advice from you people regarding my case.
Thanks.
ARVIND JAIN
(Expert) 11 February 2009
what sort of help I can do ?
Bhavna
(Querist) 11 February 2009
It would be great if experts like you would share there email id, so that i would be able to ask my question through mail.
ARVIND JAIN
(Expert) 11 February 2009
bakeelsab@gmail.com
Bhavna
(Querist) 11 February 2009
Thanks !!!
Bhavna
(Querist) 11 February 2009
Bhavna
(Querist) 11 February 2009
It would be great if experts like you would share there email id, so that i would be able to ask my question through mail.
PALNITKAR V.V.
(Expert) 11 February 2009
My e mail ID:vpalnitkar@gmail.com
Secondly, you can approach the Mahila Ayog directly or send application to them narrating all the facts.
Uma parameswaran
(Expert) 11 February 2009
According to you they need a car or divorce ,then why cannot you look for mutual divorce.From the letter I conceived that you are incited for divorce due to your own failure.When a plant is planted in new place it started to shed its old leaves and new leaves come out.Just like that when a girl is started her life with In-laws she wanted to adopt certain good qualities and shed down her egotism. A good counselling can change a lot in your life.After living some days together and giving unnecessary hardship to each other is not good.
Bhavna
(Querist) 11 February 2009
Dear Uma Madam,
Thanks for the response, but here i would like to mention that before wedding there was no demand of car, my father has spend so much in wedding, he has done what ever he could have done, we have tried hard to save the relationship, in fact my paresnts went to his parent's place to personally meet and resolve the issues, my parents inquired about the reason why their daughter was beaten up and ill treated, in spite of giving so much from our side as per our capacity why are you demanding more? Over which my in-laws humiliated my parents and told that “Do what ever you can possibly do against us, it does not matter to us. Keep your daughter with you, we don’t want her any more and we don’t want to listen or discuss this further, better ask her to sign the divorce papers and close the matter."
My parents and entire family is extremely shocked, hurt and traumatized after all these incidences. Through out the tenure of my stay with my In-Laws and husband, I have been made to go through extreme physical and mental torture in awe of dowry and have been regularly threatened to be left back to my parents if I failed meet the demands of dowry.
All my belongings are there in the possession of my In-Laws and Husband.
we tried a lot madam and realised that there is just one option left, finally we went to court. I belong to a middle class family where we respect family values a lot. i never wanted to spoil this relationship.
inspite of trying to patch up using conjugal rights etc, he has applied for judicial separation. Now tell me what i could have done.
Bhavna
(Querist) 11 February 2009
He has raised a case against us of defamation asking for 5 lack. That is rejected as 498A is going on against him and his family.
I want to know that if the matter is in court is it advisable to go to Human rights commission and national women's counsil, If Yes how can i approach them ?
ARVIND JAIN
(Expert) 11 February 2009
what mahila aayog can do in this case?
Bhavna
(Querist) 11 February 2009
Probably there will be a pressure in court if mahila aayog will be supporting my case, in fact the opposition party is giving bribe to police and judicial officers, the same was done to get the bail, the same he did to influence the judge when i applied for his bail cancellation.
A. A. JOSE
(Expert) 11 February 2009
You have not given complete details of your case. For example, you have not stated as to whether your marriage was an arranged marriage/registered marriage; how long you both lived together; how long you are living separately from your husband; you have any issues out of the wedlock;etc., It appears that inspite of the torture,etc., you are still desirous of a patch up with your husband and if so, you may please go through the route rightly suggested by Umaji herein above rather than exploring legal options.
It is not understood as to what help you expect from the Mahila Aayog even if you aproach them. If you are serious enough to have an amicable resolution, better not drag your husband and in-laws into such miseries which they would never forgive and forget. However, if you are not prepared to try for reunion with your husband, then family court is the better remedy and no much purpose will be served by approaching Mahila Aayog,etc.,
M. PIRAVI PERUMAL
(Expert) 11 February 2009
Madam, Whatever may be the reasons for your problems, at this juncture, if you think practically, the chances of re-union in your case is pretty remote at this juncture. But dont lose hope. You have prosecuted your husband and he has been in jail and criminal proceedings is pending before Court of Law and after all this ordeal he would definitely never agree either to live with you immediately for divorce my mutual consent. The hurted ego's never allow one for any compromise. Further no one can put pressure on the Court regarding the pending procedure as you think. If you mishandle the situation thinking so you may lose the sympathy of the Court too. Judges are also human beings. If you are prepared for reconciliation my sincere advise is dont aggravate the matter. Be patient. Give some time. Then through well wishers and common friends you can take reconciliation measure. With passage of time it heals the wounds on both sides. Then both sides can sit, talk and solve your problems reasonably and amicably. May god be with you and guide you during this difficult phase of your life.
sanjeev murthy desai
(Expert) 11 February 2009
Please specify how you know about that Hon'ble judge recived the bribe, you have any proofs?
if you dont have any proofs don't make a false statements its an offence;
sanjeev desai
Bhavna
(Querist) 11 February 2009
ok , here are the details -
It was arranged marriage, we lived together just for 40 days, after my first "Vidai" i reached at my paternal home with father (Where my medical checkup was done as i had multiple injuries, we have attached the medical report with FIR), when i left matrimonial house my husband and in laws were well informed, after discussuing with them my father deceided a date to come, but in laws directed my father to not to come to house, he stayed at hotel near by station, as the return train was there at the same day in the night, so whole day since morning to night being in the same city he couldn't meet me, in the night my husband dropped me to station, i got married at april 2008, reached my paternal house at may end 2008, my husband refused to take me back to his home, even during my stay with his he kept on threaten me that i will leave u, u r going to be a divircee....etc...so from may end 2008 to till the date we are living saperately. In july i filed 498A against him, in sept 2008 he filed judicial separation case against me, in Aug 2008 his father filed a defamation case againt us. here i would like to mention that there was no such relationship between us which could have produced issues, this marriage was not consummated. Yes ... i never wanted to spoil my married life that too at such an early stage, but neither my husband nor in laws are ready to talk and resolve the issue, if i would have been that egoistic i might have not tolerated that torture even for those 40 days, i tried in many ways to make the situation normal, but every time i try to convince him he either shouted on me or slapped me. I am telling you Sir this guy is left no hope of patch up. i fear to go back to him, this time he will really kill me. Finally i decieded to punish them, i will fight for my right, i will fight for the injustice they did with me and my family, they have no rights to play with someone's life, they must realise that girl's are not a use and throw material.
Bhavna
(Querist) 11 February 2009
I am sorry if my statement sounds offensive, but we were asked to pay something more than the opposite party to cancel the bail, of course the Hon'ble judge himself didn't asked but his assistant came to us with this message. we didn't gave money. and opposite party got the bail nicely.
Don't tell me that people don't take bribe.... they do take....
so I belive what is offensive is to give, ask and take bribe.
Anyways, i don't have any intention to hurt anyone by any mean, I am sorry again.
Kindly advice me in context on my case.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 11 February 2009
Dear Bhawna, I have alraedy told u the solution through personal mail. If there is further querry due, then u can call me at_09871158578/09711364956
Bhavna
(Querist) 11 February 2009
Thansk Rakhi Madam !
sanjeev murthy desai
(Expert) 11 February 2009
You have good merit to get a divorce and it is better way to solve your problem.
If you working and also capable to maintain youself, you unable to get maintaiance and etc.
If your husband is not working and he dont have any thing, he can also has the right to claim for maintenance.
sanjeev desai
Bhavna
(Querist) 12 February 2009
I want to know that if the matter is in court is it advisable to go to Human rights commission and national women's counsil, If Yes how can i approach them ?
Bhavna
(Querist) 12 February 2009
Thanks a lot for all your Valuable suggestions, I want to know that normally how long it takes in case of 498A, as far as as devorce is concern it can be done through mutual concern. (If wanted)
so Please let me know from your respective experiences that how much time is elapsed in 498A on average basis.
M. PIRAVI PERUMAL
(Expert) 13 February 2009
Mam, Time limit cannot be specified in such proceedings it depends upon the number of witnesses, time taken for examination of witnesses and cross examination, and various other factors. You cannot compare, one similar case, with that of yours.
A. A. JOSE
(Expert) 20 February 2009
On perusing your clarifications to my queries raised previously, I am inclined to support the view expressed herein above by Mr.Sivasubramanian and wish you all success in your fight against such greedy persons.
Bhavna
(Querist) 27 February 2009
Thanks for the Overwhelming responses.
I have one more query -
As he has already applied for judicial sepration, let suppose i get agree for the divorce as per mutual concern. How about my 498A (Dowery matter's) case?
Is it must to take it back?
Srinivas.B.S.S.T
(Expert) 01 March 2009
What do you think, your in-laws let the 498A sword hang on their necks?. The 1st proposal from their side would be withdrawal of all the pending cases and to not to file any cases either civil or criminal in future against each other.
