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Author Topic: claiming dowry or divorce  (Read 3240 times)

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Offline anuva gupta

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claiming dowry or divorce
« on: September 01, 2013, 11:12:08 PM »
hi,
i am anuva. i need some advice behalf of my friend.one of my friend got married to a guy living in delhi two months back.she is from assam and the marriage was arranged by a family friend of her.but one month later she got to know about her husband's extra marital affair as her husband started bringing his girlfriend in their home.she asked her husband what is going on then his husband replied that he doesnt like her and he just done the marriage for his parents and now her husband is asking for mutual divorce and if she doesn't give him divorce she will have to give dowry to continue their marriage. even the parents of her husband asking for dowry.now her in laws left her in her parents home and pressurizing her to give divorce or dowry.this marriage was her husband's second marriage.he had a divorce before for the same issue.it is a case of fraud and we dont know how to deal with them. please advice.. please help us.   

Offline advbose

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Re: claiming dowry or divorce
« Reply #1 on: September 02, 2013, 12:42:13 AM »
She should report the matter to caw cell, than file dv and dowry harassment case, by the way does the wife have proof of her husbands adultery

Offline anuva gupta

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Re: claiming dowry or divorce
« Reply #2 on: September 02, 2013, 05:53:48 AM »
no she does not have any proof.

Offline advjaya

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Re: claiming dowry or divorce
« Reply #3 on: September 02, 2013, 10:34:00 PM »
did she register a complaint in CAW cell yet, if not she should do it immediately.
remember "Law does not support those who sleep and slumber"

once you have registered a complaint at CAW cell let us know
Madras High Court Advocate

Offline anuva gupta

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Re: claiming dowry or divorce
« Reply #4 on: September 03, 2013, 02:19:45 AM »
she resides in assam n she belongs a lower middle class family.and all the caw cells are in delhi.so its quiet tough for her to report there. is there any other option which we can follow?

Offline advsarmaroy

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Re: claiming dowry or divorce
« Reply #5 on: September 03, 2013, 03:34:53 AM »
every district in India has a CAW cell, Assam also will have Caw cell in every District
Advocate Sarmaroy
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Offline NRI LEGAL CONSULTING

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Re: claiming dowry or divorce
« Reply #6 on: September 03, 2013, 11:01:34 PM »
Dear Mam,
    In India every District has a CAW cell. So she should register a complaint in CAW cell immediately.
 

Offline anuva gupta

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Re: claiming dowry or divorce
« Reply #7 on: September 05, 2013, 10:58:36 PM »
if we complain in caw cell.. they ll ask for evidence ? as she dont have any evidence .how can we make this case strong? we have discussed with a lawyer of our town he is saying that without evidence we cant make it a criminal case.. is it true.. pls advice mam/sir..

Offline anuva gupta

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Re: claiming dowry or divorce
« Reply #8 on: September 08, 2013, 10:33:37 PM »
pls help me ..

Offline NRI LEGAL CONSULTING

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Re: claiming dowry or divorce
« Reply #9 on: September 13, 2013, 04:31:45 AM »
Dear Mam you should contact a lawyer. If you are interested to solve your problem just query us
« Last Edit: December 14, 2013, 07:23:35 AM by admin »

Offline Advokaterajiv

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Re: claiming dowry or divorce
« Reply #10 on: November 27, 2013, 03:03:06 AM »
Dear Anuva,

In India, the payment of a dowry has been prohibited in 1961 under Indian civil law and subsequently by Sections 304B and 498A of the Indian Penal Code. Also, according to Dowry Prevention Act, “Asking or giving of dowry can be punished by an imprisonment of up to six months, a fine of up to Rs. 15000 or the amount of dowry (whichever is higher), or imprisonment up to 5 years.”

So, in case your friend is being subjected to constant harassment at the hands of her husband or their relatives for the purpose of eliciting dowry from her, she can file a complaint under Section 498A against her husband. Also, as you have mentioned that your husband brings his girlfriend home and threatens to give divorce if his demands for dowry are not met, your friend can also seek divorce if she wants to dissolve this marriage on the grounds of cruelty and adultery. As I am given to understand from your other replies on the thread there is an issue of evidence with respect to his girlfriend. To circumvent this hurdle you can look at prospective witnesses who have seen this girl frequenting their home or you may be able to prove it with the help of phone records and pictures if any available.

And now over the other misdoings the husband has deserted her and left her at her parents home, this also amounts to mental cruelty. The husband is under the law under an obligation to provide residence to her, he cannot deny her residence is either owned by him or is the property of the joint family or if the same has been rented by him.

So, your friend has more than one cause of action and with the advice and services of a good lawyer there is a possibility of a good case being made against your friend’s husband. The criminal cases under the Dowry Act and IPC can proceed simultaneously.

Regards,
Adv. Rajiv Malhotra
« Last Edit: December 14, 2013, 07:24:34 AM by admin »

 

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