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revati (director)     23 October 2013

dv dowry desertion case

Hi.. im married since 2years. Arranged.my husband has physically abused me many times.. as I belong to rich house expected lot of money from my parents..once we even agreed to give bt somehow due to differences didnt work out..my inlaws hv abused me nd for many days on nd off made me and husband sleep in different rooms.. to further torture me they used to send me to parents house for days and sometimes months and not let me come back home..husband has travelled 10 times domestic and international work and pleasure but not taken me along..has threatened many times for divorce. Has tape recorded my voice after provoking me. Which obviously I hv yelled couple of times. Once neighbours heard me cryin for help and came as inlaws werent home..plus they hvnt given me a rupee while I was married or on festivals. My dad supported me financially. pls advice wat action can b taken


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 6 Replies

Laxmi Kant Joshi (Advocate )     23 October 2013

1.before taking any legal action you do one try to solve The problem , collect some of your relative and same from your husband side and arrange a meeting to think over your problem and find out a mid way whom you both husband and wife follow , also your families too . 2. If they disagree in this and not changed their behavior then finally file a case of dowry harassment u/s 498A, dv act . 323 ipc, 506ipc , 504ipc . 3. engage a lawyer to handle your problem on merit basis.

revati (director)     23 October 2013

Forgot to mentiom im bk at my parents house. We tried doin tat dy didnt wanna discuss. Dy said mutually gt divorce. D boy has threatened me of divorce since 2mths of marriage. He suffers from npd..nd I hv seen his psychiatrist counsellin report

T. Kalaiselvan, Advocate (Advocate)     23 October 2013

Ms. Revati,

Half of your text which is written in short form do not make  any sense to understand your exact problem.  You seem to text messages in SMS more than actual communications hence have used all short forms in the text of your query.  However, with whatever I understood, I am of the opinion that you were harassed and tortured by your in-laws and your husband demanding money from your home.  This is a clear case of dowry harassment attracting penal provisions under dowry prohibition act and resultant activities namely torturing you physically as well as mentally forms part of domestic violence against you and under the provisions of the act protecting women from domestic violence, your matrimonial side people can be taken into task for the offences thereon.  If you have decided not to return to your matrimonial home again, then proceed with the above cases but if you still believe that your marriage can be saved, consult a local marriage counsellor and see if the advice given by the counsellor can come to your aid, in case everything fails, file a case for divorce on the grounds of cruelty but do not go for Mutual consent Divorce because your sufferings will be proved as false claim.

Laxmi Kant Joshi (Advocate )     23 October 2013

1. Revati ji if they are adament and not want to change themselves then file the case as I already given you , take help of your lawyer .2. Be remain them , some time in the jail , when they come out from jail on taking bail then again they will contact you , to reconcile with you and convience you for mcd , that time you demand for 50 lac for MC D.

sandykrish (Interested in Family LAW)     24 October 2013

@laksmi please before hearing 2 sides of the story how can you advocate 498a case and motivating for demanding 50 lakhs. Lets me neutral the way she has articulated the instances suffices that both of them are at fault they would have to try sorting out matter visiting the marriage counsellor rather than court. Please stop suggesting women to use lethal weapons unless it is used for a genuine reason.

Sudhir Kumar, Advocate (Advocate)     24 October 2013

I will moderate what Mr Laxmi said. If you are sure that you are being tortured for dowry, then you should make a complaint u/s 498a. Not simply because anyone of us is advising.

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