Hello to All the honourable Advocates in this forum,
I have been married for over six years. My marriage was an arranged one, conducted in accordance to Hindu rituals and on the same day was registered too. My husband’s mother demanded dowry and remarriage soon after the rituals and there by broke off the marriage and left me in my Mother’s house till date. My husband works overseas and his parents live in India; he is their only child. He then filed for divorce in family court [without even telling me about it] alleging that I suffer from schizophrenia and that this was hidden from them and hence was cheated. His Father applied for PW2 and ensured to drag the case for as long as he could and also stated he had valid findings since he is a doctor himself. The case got dismissed after five years stating that he could not prove his allegation. It’s been over month and there has been no contact from them so far. They have changed their phone numbers, house address and when I wrote to my husband asking him to share his details, he clearly refused to give it stating that nothing has been sorted hence there isn’t any need to share his number. Also asked me to get a psychiatric test done.
Please could you advise what my rights are at this stage of marriage? I would still want to lead a marital life with him. What should be my next course of action? How can I trace his and his family’s whereabouts? I do not even know where he works. In my case I never asked for maintenance. Please help.
Asked 3 years ago in Family Law from Bangalore, Karnataka
For tracing addresses of your husband and his family member you have to put your effort to trace the address or else you to engage any detective agency they will do that......and if you want to live with him as wife you have to file restitution of conjugal right before the family court and at the same time you can also claim maintenance.
you are legally wedded wife . you are entitled to right to stay in matrimonial home . in addition you are entitled to maintenance from your husband . file case of Dv against your husband . in addition file for RCR as you want to stay with your husband . if demands for dowry were made you should not have remained silent all these years you should have filed 498A case on your in laws and husband . however dont do so now as you want to stay with your husband . for tracing in laws whereabouts hire a detective agency
Thank you for the response Mr. Sethi.
Please could you explain what does Dv and RCR mean?
Reason why I did not file for dowry – my advocate suggested not to as my husband had filed for a petition and hence I had no grounds to file it. However, in all witness statement and arguments, I did mention about the dowry demanded. But, they [my husband and his father who also interfered in the case] never admitted to have demanded in any of their statement.
How does one prove a dowry demand? For these many years that I have visited the court, I have seen plenty many cases’ arguments and have never seen any party admitting to have demanded. As it’s well known nobody asks for dowry in writing, it’s always verbal and in closed environment. Please could you site some examples or circumstances where a party was able to prove it even when she/they had no evidence to hold their statement true?
After I find out their whereabouts through some agency, can I not go stay with them, without filing a case? It’s just that I’ve gone through the turmoil of visiting court for many years now, just another day would mean a another load of trauma.
Asked 3 years ago
DV means domestic violence case under provisions of DOmestic Violence Act .
RCR means restitution of conjugal rights .
you could have filed complaint under 498A if demands were made for dowry
Dowry, means, any property given or agreed to be given by the parents of a part to the
marriage at the time of the marriage or before marriage or at any time after the marriage in
connection with the marriage. So, where the husband had demanded a sum of Rs. 50,000/- some
days after the marriage from his father-in-law and on not being given became angry, tortured the
wife and threatened to go for another marriage, it was held that the amount was being demanded
in connection with the marriage and it was a demand for dowry though it was demand after the
marriage; Y.K. Bansal v. Anju, All L.J. 914
Where the demand was made at the time when marriage ceremony was in progress and was
repeated after the marriage, it was held that it fell within the definition of dowry; L.V. Jadhav v.
Shankar Rao, (1983) 2 Crimes 470.
since your husband or in laws wont accept you a court order would be necessary
1. No party will accept that he/she demanded dowry. If some one accepts in the court a demand of dowry then it will result in his instant conviction and he will be sent behind bars. Hence, it will be preposterous to expect some body to state in the court that he demanded dowry. A demand of dowry is to be proved, nobody accepts it. There are umpteen cases where it has been proved in accordance with the law.
2. You will not be able to gain an entry inside your matrimonial house, wherever it is. So a court order is required.,
As your husband and in law refuse to accept you, it would be difficult for you to stay with them even after you finding out their whereabouts.
Once you find their whereabouts you can file RCR. There would be mediation. if things get sorted out start living with them. if they refuse to accept you can seek maintenance.