498a divorce

S. 498 A is a penal provision, which puts the husband behind the bars, if the case is proved but not provides scope to return of dowry money.  Similar is the situation with Sections 3 & 4 of D.P. Act.  As the situation is like that,  for taking back the dowry, there is a provision in Domestic Violence Act, calling that dowry as "stri dhan", you can recover it.  By resorting to recovery suit (costs heavily and not  recommendable) also, you can recover.  So, while pursuing divorce case and Section 498 A, you also file domestic violence case and in that case seek recovery of stri dhan (which you mentioned it dowry).  DV cases run faster than  divorce and section 498 A cases.

 the payment of a dowry was prohibited in 1961 under Indian civil law and subsequently by Sections 304B and 498A of the Indian Penal Code. These laws were enacted to make it easier for the wife to seek redress from harassment by the husband's family.

A 498A case generally runs for about 2-3 years. However, a divorce case may run for many years- even as long as 8-10 years.

You can definitely claim all your Stridhan that you brought with you at the time of marriage or that you have possessed or owned even after the marriage as that is your absolute property. You can recover the stridhan, provided that you are able to prove before a court of law you actually have given them, which may be by photographs, video, lists, bills etc. You have to be able to prove in the Court of law of the proof that your husband is in possession of those items. You need to have a record of all the items that were given to you by your parents, the documents of those items, under whose name was it all registered. If there was any exchange of cash, is there only record or receipt of the same, the bank draft or cheque.

You can contest the RCR which he would file and it is advised that you do so. You may raise the ground that the two of you have been living separately for over two years, the cruelty that he has meted out to you. You may also state that a divorce case has been filed against the husband and give instances and proof of his cruelty. You should consult an expert in this regard. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com

-Regards

Advocate Pooja

www.lawkonect.com

Giving dowry is itself a crime. Why u induldged in such crime to start with?

Giving dowry is itself a crime. Why u induldged in such crime to start with?

Giving dowry is itself a crime. Why u induldged in such crime to start with?