Domestic Voilence Case

File a case under DV Act and for dowry harassment. But there is no provision under Indian law to punish either party for not inform the other about the physical defects, in particular. You may file a case of cheating for that. But yes, impotency is a ground for divorce for the wife , and she can get divorce if it is proved.

Get a FIR registered under Section 498-A/406/34 IPC registered at Haldwani, Uttarakhand. The complaint should disclose the detail of harassment with date & time as far as possible. The complaint should not  appear to be vague and should appear as genuine one. Once the FIR is registered the boy family would come to knees.

Other option is you can file a divorce case. The impotency is one of ground for divorce. Mental & physical cruelty that you have suffered is also one of the grounds for divorce.

Thank you , Prabhakar Sir, for enlightening me.

Sorry. I have given a wrong advise. Impotency is not a ground for divorce. I agree with Prabhakar Sir's advise.

mr prabhakar is perfect here.

what i feel the boy may be loose character, that's why he find everyone is, like him.

whether a person is impotent or not will be determind by the medical test only. but by behaviour it seems - it may be. it is also true that, some men loss erectile capability for a perticular time, otherwise they are not impotent. - it should be kept in mind. this type is physicological problem more than phisiological.

it may also be that the boy loves some other girl, and under pressure he went on such unwanted marriage. casteism so strongly played in the mind of the people that, all other things related to marriage, like personal willingness to mary a prticular boy/girl not considered at all.

instead of filing criminal cases, my advice, please go on mutual divorce/restitution of conjugal rights/sec 12(1)(a) - (impotence). once you file criminal cases, it will stop all future negotiations. By mutual divorce you need not to lodge any alligations on the other party, you may get maintenance also, according to the understanding with him. by rcr you inviting the boy to come and join with her, - if he did not response you will get divorce & maintenance from him. By way of 12(1)(a), you will get nulty of marriage, which means there has been no legal marriage at all - the girl is maiden.

When solemnization of marriage held, the first try should be - to save the marriage.

BY FIGHTING NONE OF THE PARTY WILL WIN.  IT WILL BE A VERY GOOD SOURCE OF INCOME TO YOUR PRACTITIONERS OF BOTH THE PARTIES.

Thank You all for your replies. It really helps a lot.

As this marriage has not completed one year so as of now, there is no question of divorse. Suppose in case girl apply for divorse after one year, which she get any financial support from boy because she is currently not working?

Girl's family spent around 8-10 lacs in her marriage and they are completely broken financially now. Will they get any of this money back when marraige is broken in such a short period of time?

Anup, I agree on some of the points raised by you but doesn't agree on many others.

As girl belongs to typical middle class or lower middle class famil and belongs to very small town, does this nullify of marriage has any difference from Divorse? Will socity accept her equal to unmarried girl? I am very much sure even a divorcee man would not like to marry a divorcee girl, he would prefer to marry unmarried girl.

Regarding other your comment "boy loves some other girl", this may also be a point. Actually boy's younger brother's wife's (sister-in-law) marriage proposal had come for this guy but  as their horoscope didn't match, they could not marry. Now his sister-in-law has great inflence in every major decision taken in their family. It is also true that she brought lot of dowry with her in marriage (as told to girl by her), that is another reason that she has good influence in family.

This impotence thing still doesn't have any concrete proof as no medical test has been done till now, May be boy and his family wanted to break marriage when they didn't get good dowry and they had plan to marry to him again where they can get some  good dowry and that's why they were creating all these problems. These money hungry,  blood sucking animals go to any low.

It is true that Indian Legal System is very complicated and there will be lot of delay, but if everyone start thinking in the same way and compromise for everything then who will flight for justice? How system will improve? How people will be scared with law?

I think these people should not a lesson, not to play with lifes with other.  You can't even feel pain and harrasment which girl and her family has gone through until some girl in your family go through that.

RSR,

This is the case of Domestic Voilence, and not the case of dowry harrasment or 498/406 as suggested as there is no demand of the dowry.

If the marriage has not been consumated, then the case of annulment can be filed. If the marriage has been consumated, then the divorce case can be filed. Since the marriage has not been completed 1 year, the girl can go to the High Court and file the case u/s 14 of HMA for wavier of 1 year period for filing of the divorce. She can then ask for maintenance as well as the alimony. The grounds of the divorce will be cruelty and fraud. The society will not accept the annulment and see her as the divorcee. This is the practical truth of the society.

Hi Hardik, Very disappointed to see your reply.

I could not understand why this is not a case of Dowry Harrasment. Have you read this story carefully? You seems like a frustrated anti 498a person who himself has gone through 498a himself? I feel sorry for you.

Do you understand why Domestic Violence started in first place?

Does someone has to directly ask money like give us 10 lacs unless we will not accept her as bride?

Will below things will not be considered in court as dowry harrasments?

1.) Marriage standard was not upto expectation even when girls family spent 8-10 lacs in marriage. Food was not proper, accomodation was not proper, transport standard was not proper.

2.) Boy's sister-in-law and boy's mother says to girl, that she (sister-in-law ) brought to their home Plasma TV, Fridge, Car etc, what did she (new bride) bring with her.

3.) Boy flight with girl on wedding night and say what kind of marriage her family did? He ask girl, what her parents has given to her? He was very angry that girl's family has not given much to them. Everytime girl ate something boy and his family will say she is eating free food.

Hard to believe but blood sucking animals live among human beings as well.

RSR,

The incidences which you have mentioned is not the nature of 498a, and thats why I have told that this is not the case of 498a. 498a can happen if:

1. There is the demand of dowry and cruelty is in relation with the demand of dowry.

2. The cruelty should be of such nature that there is the threat to the girl in terms of loss of life or limb or permenent disability.

Unless these factors are present, there is no conviction of 498a. Even if the case is filed, they will get released. Also, DV is more lethal than 498a. Hope that you understood why I am saying this is not the case of 498a. The very fact that the convictions are very less (less than 0.3%) is due to the absence of the above 2 factors.  Its better to ger disappointed now, rather than later when most of the time is lost and you will regret the very fact the case is lost. Demand of the dowry can be considered, but it is the girls side who has to give the evidence and that too beyond the reasonable doubt. Simply asking for dowry or the taunts are not considered beyond the reasonable doubt. The fights are normal and is not of 498a in nature. Even scolding is not 498a. Some time back there was news that kicking the daughter in law is not the cruelty of 498a. These judgements are delivered by Hon. Supreme Court.

mr hardic is correct here. in 498a, the word ' coercon' is used, which means,cruelty reached to it's extrem point.

ordinary wear and tear does not cover 498a.

the thana directed to register a case, if at first instance it seems a case of 498a. they do not go or not like to go, in detail. it is the power of the judge as well as duty of the judge to justify the incidents whether coercing the girl or not. the judgement will be based on it.

"You seems like a frustrated anti 498a person who himself has gone through 498a himself?" - your this line hurt me.  I am sorry for you. Mr Hardic told a bare truth. we forget that these postings read by thousands of general public; who do not know one other; they all are volounteerily coming here - with intention to help one other. we should be catious of it.

This is the actual scenario in India, we cannot accept the bare truth and without knowing the other person, we try to hit him or hurt him just for the reason that the person is not talking in my line.

And I think this is a very much genuine post to prove the Misuse of 498a.

Hardik don't get upset, it is the fate of anyone who likes to help others voluntarily.

sorry to say mr rsr n victim col.mr hardik view is right.he is proffesnal consult.if u ask any question to any good consultant then his duty to tell truth which hardik told.most of the people is not agree his point of view.v all agree what boy had did to girl its not justify its shame for the society.and this type of boy should be punish.but mr hardik is right bening good consult according to law n point.if he say 498a n 304b then u people will happy that he is good n supporting to girl side.first people should know what is 498a.every crutely is not consider as 498a.but i ve full sympathy towards girl side.he can not runed the life of girl.if he has problem he should speak before marraige.but from the day of barat will not justify my self.without knowing girl he is puting allegation which is not justify.from my point of view girl is innocent n she will get justice.although i m facing 498a but still i do respect women lot.some of the really facing crutely,torture. but that case never come to court.very few case but most of the false case is coming in the court.

Sharmilla I think I am also supporting Hardik. U go through my lines carefully.

dear victim col.if my any lines pinches u n hurt ur feelings i m stremely sorry to u.may be i understand wrong .i ve great admire of mr hardik.i asked so many question to hardik but he always reply according to law point.he never replied according to my wish,sometimes stuped question but he does reply very nicely n calm.so i do lot of respect to hardik but it does not mean u agree my all point.u r free to express ur view n v do respect of  ur view this is called democracy.once again i m sorry mr victim col.i hope u forgive me if i hurt u.

No Sharmila, I am fully supporting Hardik. Whatever he has said, is correct. I have also got some adivce form him.