kapil 15 July 2017

Dowary case against husband and family members

My family surviving for the fack dowary case against them.In this case my brother and my parent's involved.

After marrige with girl my family found that girl is not mentally perfect or she has some kind of mentally problem.

All these issues hidden by girl's family members.When we ask about this any try to solve this out to send the girl back to home

or to get her for some medical treatment.They in due of bother my family file a case agianst my family member.

Now case is still running and girl is at her home for last 4 years.But case is not proceeding because of girl's family members forcing us to bring the girl at home.But we would not take the case back till we would be satisfied that our girl is living wihout any trouble.

Neither they are making further action against my family nor they are finishing case.while girl is not able to speake or in condition that say somthing against us because she does not even known that what is going on with her or with her husband.Even she didn't know who is her husband and her mother in law and sister's in Law.After such condition of girl we are facing trouble.

I am gettng that while girl is not in such a situation to speak and give a BAYAN before the court so how could there parent's manage to make fake BAYAN before the court .

Actully we do not have proof of this on document but we did checked the girl to the doctor.Doctor also declaried that she is suffering some kind of mentally illness.

Please anybody give me a proper solution so that my family could get out of this hell situation.

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7 Replies

Azhagananth (Lawyer) 15 July 2017

File a petition to send her for Medical Board, for examining her Mind is in sound or unsound.

A.V.Pattanashetti (Advocate. Practicing since from 05/02/1993 in all field ) 16 July 2017

BETTER FOR COMPROMISE

Raveena Kataria (Advocate ) 16 July 2017

Assuming that the wife in question is of unsound mind, the husband can file a petition for nullifying the marriage u/s 12(b) of the Hindu Marriage Act. He could present the doctor's report as proof, however, the question of mental soundness is a matter which rests upon court's discretion. The court shall most likely upon examining the wife, pass a decree nullifying the marriage between the parties in question. This shall also work towards discrediting the false case of dowry against the wife's husband and in-laws. Make sure to preserve evidence of the fact that the wife hadn't inhabited with the husband for past 4 years. Also, I'd advise for you to get in touch with any local advocate for assistance in building up your case.