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Author Topic: Wrong dowry case protection in annulled marriage  (Read 579 times)

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Offline pkaur

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Wrong dowry case protection in annulled marriage
« on: July 25, 2017, 03:18:09 AM »
So, I am writing this on behalf of my brother. Let say my brother is A and his wife is B.

For A and his current wife(not legalized wife), it is the second marriage. A&B got married in February 2017. We found about her on Shaadi.com. As they were from the same city of Jalandhar thus the marriage happens within 2 months of knowing them. Though A has been legally divorced from his first marriage. B was not. By that I mean they have this Panchayati paper without a legal stamp for divorce. B belongs to a poor family, whereas A from upper middle class.

About A's family: A  is a computer engineer in MNC in Delhi earning a good salary. A's father lives in Jalandhar alone. A's mother died since 17 years. A's younger sister married to a German doctor and currently living in Germany. A's sister is also pursuing her doctorate.

About B's family: B not even sure if has done Masters or Bachelors. As we have never seen any of her qualification documents. Her mother lives in Jalandhar in rented flat. Her father died since 7 years. Her elder sister married to a disabled husband who is a son of a wealthy advocate. In her sister's family, there is no mother in law and her brother-in-law is settled in Canada.

Marriage: Complete marriage expenditure was done by A's Father. We have not even taken a single Rs. In return, we gave enough expensive jewelry, clothes, accessories, and household assets to  B so that she can start a new life with A.

After the marriage, A's family found out that B is less interested in marriage and more in accumulated wealth from A. A kept on paying B's family dues for few months and were fulfilling all B's monetary requirements. B's mother even took all the jewelry that was given by A's family and took most of her assets along. Despite that A tried his best to keep B happy for example by taking her to 2 honeymoons within 2 months and expensive shoppings and all. 
However, due to the bad behavior of B towards A and his family, the clashes started coming up between two families. Due to the ill treatment of B towards A's, A's father had once got a heart attack and is still under medication and supervision. A tried a lot to settle this by informal family meetings, giving enough time to B to realize her mistakes and to realize her duties towards her in-laws family but all failed. Then he made his mind to get divorced. But, she does not want to even give divorce and change her attitude towards A and his family.
Now as A has stopped paying any money towards B's expenses, thus she and her family have put a false case against A/us that we ask for dowry, do domestic violence, mental torture etc.

We need now a legal path to solve this case. What can we do against her? Though they do not have any proof for any of the obligations, still Indian judiciary is more protective towards a woman. What type of support can we get?

Offline Navin.Hiremath

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Re: Wrong dowry case protection in annulled marriage
« Reply #1 on: July 26, 2017, 04:02:46 AM »

First of all take a bail for your brother and his family if they have been mentioned in 498a. Secondly find out all the details you can about B marriage and divorce. If B isn't legally divorced then this marriage is legally nulled. If divorce have been filed find out the details of the case to see any related pattern.

Thirdly find the right lawyer to work on this case. If B was legally divorced before then you need to file the divorce petition and move to quash her 498a charges.

You can refer to this article on how to choose the right lawyer. http://www.decouncil.com/choose-best-divorce-lawyer/

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