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sodas (Manager)     12 August 2013

How to fight a dowry case

I want an expert advice from all lawyers regarding a dowry matter related to my sister.She was married on may and after returning to her husband's workplace , she was undergone severe mental torture and physical assault after 25days. During the course of time, it was known that the boy is not physicallyfit to convince, he admitted to his wife After knowing all this,she was taken back to her parental home. After this boy's family are blaming the character of the girl. Girls family wants to talk to the boy regarding the same but boy's family are reluctant to bring the boy to talk. My question is girl's family wants mutual divorce .how to proceed?????To get a solution without much hassles and troubles. Quick and easy method...thanks in advance



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 19 Replies

hareram singh (manager)     12 August 2013

Plz metion u want only divorce or dowery case against boy and his family ...actually both r diffrent and hav diffrent way to file case....

sodas (Manager)     12 August 2013

Want ideas about all matters as wants divorce in any way as the boy admitted being impotent(not 100% sure without medical confirmation). Also the situations and matters pertains to dowry with events happened with girl after marriage with physical and mental torture. If possible to pursue both will do both.

Mukesh Deswal (Advocate)     12 August 2013

Dear Sodas,

 

If a am to qote you " girl's family wants mutual divorce .how to proceed?????"

It's not what Girl's family wants, it's what the girl wants and if you are talking about mutual devorce then its what the Girl and the Boy want.

 

Regards,

Mukesh

sodas (Manager)     12 August 2013

Mukesh ji, girl wants divorce also. Who else wants to live with an impotent person?

sodas (Manager)     12 August 2013

Not sure about boY,he is not answering phone calls from girl side citing busy job. His family members means father once indicates regarding same

Mukesh Deswal (Advocate)     12 August 2013

And what did the father indicate ?

sodas (Manager)     12 August 2013

Boy's second marriage

Mukesh Deswal (Advocate)     12 August 2013

Help me help you.

 

Answere these please:

 

1. When did the marriage take place?

2. What dose the boy do? And where is he working?

4. Where did the merriage take place?

5. Are the boy and the girl in the same city?

3. Has the girl left the boys home on her own?

 

Regards,

Mukesh Deswal

Mukesh Deswal (Advocate)     12 August 2013

You mean its the second marriage for the BOY?

sodas (Manager)     12 August 2013

1. 29th may 2013

2.bank manager in Psu bankin andhra pradesh

 

3.marriage take place in orissa

4. Now boy in ap and girl in orissa

5.girl left with her father

sodas (Manager)     12 August 2013

Yes his father gives hints to one of girls's relative that boy isn't ready for second marriage

sodas (Manager)     12 August 2013

Sir as a layman I want answer from three angles

1.. Dowry

2. Divorce with compensation if any

3. Defamation Case as they told girl is characterless, husband threatens to her of dire consequences to defame her publicly before the girl left his home.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     12 August 2013

Dear querist

without boy's consant MCD can not be filed either contact to him or file a divorce case on cruelty bases. the girl has right to file a declaration suit for annulment u/s 12 of HMA.

Mukesh Deswal (Advocate)     13 August 2013

Sodas,

 

Let me answer these one by one:

1: Dowry: You did not mention dowry so far. I would not suggest you to go that way. for the following reasons:

    A.  I do not support people making false alligations.

   B.  You might be able to Harass the other party for a while but it wont help in the long Run. Courts these days very well know that these allegations are fake.

   C. More over the case will run for years and it will waste some of the most wonderfull years from the life of the girl as well.  

2: Divorce with compensation if any: You can not file for devoce within one year of marriage without a special leave. (Thats why I asked you the date of marriage.

However if the boy was aware for his impotance before merriage. then sertainly the girl is elligible for alumini.

3: Defamation Case : To be defamed one needs to have a fame in the first place. More over they are just thretening to do so. And it will be very dificult to prove.

However if they do so it can be a ground for devorce for you.

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Moreover   please remember if you are not able to prove impotancy, it can be a ground for them to file for a counter claim for divorce. In which case you will not be in a position to receive any compansation on devorce.

I am not tring to demoralize you. But I am shoeing you all the possible consiquenses. 

 

You can call me any day after 7 PM. I dont charge for legal advice.

 

Regards,

Mukesh Deswal

 

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