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Sudha (Executive)     17 March 2012

Legal advice

Hi all, 

I was married 8 years ago. My husband took all the gold jewellary (nearly 50 tolas) by convincing me to purchase from a jeweller in his locality a month ago of our marriage from my hard earned money through cheque. Being in love with him I followed and gave all what I had. And I also paid 10% of token amount of the flat which was on resale through cheque. And started ill treating me immediately when I became pregnant in the next month of marriage and started abusing me filthyly. I use to give him pocket money and also for each and every household expenses. His sister who is settled in Bahrain use to talk for hours with him and their mother. He and his mother demanded I should get money from my mother and also to ask my mother to gift him my mother's flat. He and his mother started retaining my jewellary on the pretext that its too heavy to be worn daily and sent me without any jewellary on me to my mother's place and never came back to take me.  After all this, we had been to his house 9/10 times but he didn't take me back.  After informing of our son's birth he did'nt come to see him till date.  Being in love I waited that one day they will realize their mistake and come to take us.  But now I have discovered he is married and has a four year old child. This is the same girl who came to meet him 4/5 days before our marriage and after also on the pretext that she is very disturbed with her family so he is helping her. And now they are staying in the same flat for which I paid the token amount. Please please guide as to what step I can take to punish them all.  Sudha



Learning

 3 Replies

Adv. Chandrasekhar (Advocate)     17 March 2012

Engage a good advocate and collect all the information about his second marriage.

Next, engage a good advocate, who cannot be bought over by husband and his team of thugs and file a case under Section 498-A, Dowry Prohibition Act and Domestic Violence Act.   If sufficident evidence is available you can file bigamy case.  Do not believe any one says that giving dowry is itself a crime and you are a criminal and you cannot file a case under Dowry Prohibition Act.  Become firm and do not show any pity towards him and his mother. You can recover the jewellery by DV Act as well as by Section 406 of IPC.  By DV Act, you can claim share in the property where you put your money. The rightful place of this husband is behind bars.  Do not believe if people advise you that by taking such steps you can never maintain harmonious relationship.  He is not worth to live with and his rightful place is jail.  Do not compromise with him by compounding his offences in High Court.

Adv. Chandrasekhar (Advocate)     17 March 2012

In the first line, you read "detective" instead of advocate.

Sudha (Executive)     19 March 2012

Sir, It is almost 8 years that we have separated.  Can I file 498A and recover my jewellary by DV act and by 406??? And with the help of a friend through facebook I have got the details of his child's birth and immediately today went to the BMC office and got a birth certificate of his child where his child's name and birth date, wife's name with the address is mentioned.  Iam ready with my marriage photos,CD & Arya Samaj Certificate, bank statement copies where all transaction are mentioned for jeweller, his name where I gave Rs. 1 lac, flat owner's name to whom I issued cheque as token money. What should be my first step???  Please advice.  Regards,


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