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dns (mo)     16 June 2012

Dowry /domestic violence

Respected lawyers kindly give your  expert opinion ---

I got married two years back(love marriage  at arya samaj mandir ) in presence of my father in law and mil / Bil

my parents not in favour so didnt came .both of us live at our respective parents house .

After 1 year  arrange marriage ceremony in the presence of both family .(dowry less  a car name of owner my wife))

happy life for three months after arrange marriage ....

disputes started  -cause lack of time devotion on my side ,disputes with my parents  -she stated abusing my parents .

i went out and left the home took a rented house for last 4 months,she joined a job  - but still disputes continued

not able to tolerate her petty complaints and her parents interference .

disputes increased  -----

threatening me and my parents   saying i m going according to my parents advice and  my parents demanded dowry before marriage --

they will file cases against me and my parents for torture/dowry/

my wifes elder sister  divorced after 8 years of marriege/younger sisiter beats her husband and her husband has  been taken by police -she even beats her MIL...

NOW EVEN  ME AND MY PARENTS  GETTING SUCH THREATS   - 

my parents have lodged complaints to local SHO but no action ---

MY queries --

how to proceed in order to prevent any false claims-

is there any judgment by H.C  that says F.I.R can be loadged after CAW inquiry only ?if so kindly give the link .

If she file false DOMESTIC VIOLENCE isnt that MLC is needed for confirmation?

DOWRY they havnt given ,niether we asked so they wont have proof  so can still we be booked in dowry case?

 

 

 

 

 



Learning

 13 Replies


(Guest)

She can book in  dowry case only escape is AB or regular bail.

Don't think what her sisters did with their husbands as your case will be fought on your case merits.

lawyer_rajiv (9811284735) (lawyer)     16 June 2012

you may have to decide as to what you want out of this relationship.  in case you want to divorce her, you may go for a petition for divorce elaborating all the instances of mental cruelty inflicted by her.   this may also serve as a good defence at the later stage.

dns (mo)     17 June 2012

i want a peacefull life with security to my parents .she have become intolerrable  even her parents interference has ruined my life.i asked her for divorce she denied .......i m in deliemma how to get divorce and secure my parents also .  even iam so much in pain that i m sufferning from deprresion  and not able to go with my job .

dns (mo)     20 June 2012

i shall be greatly thanfull to the lawers if my other queries are also anwered..

Shishir (Manager - Business MIS)     21 June 2012

Dear DNS,

Keep yourself controlled and calm at this point of time in your life. Apply for anticipatory bail for you and your parents well in advance to avoid arrests and mental trauma. Give strong grounds in bail application to get AB granted.

For divorce, you decide considering all pros and cons. If you are sure you want to break relationship, without hesitation go ahead with divorce petition (but give a second thought before doing so).

First and foremost get AB if you think she is going to file dowry complaint.

dns (mo)     23 June 2012

I HAVE COMPLAINED TO THE DCP OFFICE ,THEY HAVE TRANSFERRED THE COMPLAINT I FILED (THREATNING BY INLAWS ) TO THE VIGILANCE DEPARTMENT.WHAT IS THE ROLE OF THAT DEPARTMENT IN MY CASE  ?

dns (mo)     23 June 2012

I HAVE COMPLAINED TO THE DCP OFFICE ,THEY HAVE TRANSFERRED THE COMPLAINT I FILED (THREATNING BY INLAWS ) TO THE VIGILANCE DEPARTMENT.WHAT IS THE ROLE OF THAT DEPARTMENT IN MY CASE

dns (mo)     24 June 2012

 

MY queries --

 

is there any judgment by H.C  that says F.I.R can be loadged after CAW inquiry only ?if so kindly give the link .

If she file false DOMESTIC VIOLENCE isnt that MLC is needed for confirmation?

DOWRY they havnt given ,niether we asked so they wont have proof  so can still we be booked in dowry case?

Krishna (na)     24 June 2012

Dear DNS,


What girl and her family said is right at the interim stage. However i would suggest to keep track of her activities. Get in touch with good and trustworthy lawyer. If you are in Delhi or nearby pls contact Mr. Shonee Kapoor who is available in this forum. He will surely help you.

Don't feel afraid of anything, keep calm and notice all the activities are going around you... Its a mind game.... Only i can suggest you to do not share everthing with everyone. 

 

 

dns (mo)     25 June 2012

thanks mr.krishna.


(Guest)

Prefer a representation/application before the police authorities enunciating all the facts and circumstances and as well by virtue of the same inform them that you are living seperately. This act of your will be of help to you as at later point of time if there is complaint lodged by your wife, the same shall be an after thought. If  you intend to proceed for divorce file the same subsequent to issuing legal notice as the same shall act as a gaurd for you in the event of offence is registered as agianst you u/s 498-A.

Further more, as enquired, MLC isn't necessary in DV Act. I appreciate that you have lodged complaint with DCP. You need not worry and rest be assured get a legal notice issued and if you are willing for divorce, proceed for the same.

2 Like

(Guest)

Prefer a representation/application before the police authorities enunciating all the facts and circumstances and as well by virtue of the same inform them that you are living seperately. This act of your will be of help to you as at later point of time if there is complaint lodged by your wife, the same shall be an after thought. If  you intend to proceed for divorce file the same subsequent to issuing legal notice as the same shall act as a gaurd for you in the event of offence is registered as agianst you u/s 498-A.

Further more, as enquired, MLC isn't necessary in DV Act. I appreciate that you have lodged complaint with DCP. You need not worry and rest be assured get a legal notice issued and if you are willing for divorce, proceed for the same.

2 Like

dns (mo)     26 June 2012

thanks mr.nayyar 


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