Please can you clear one doubt regarding dowry harassment.
I was married in 2004. My MIL took away all my jewelry. My husband wanted my father to give him his business. In 2007 my SIL `s marriage was fixed up. My MIL and SIL demanded a Honda city car for her marriage. I resisted the same. My SIL came back from her matrimonial home on 3 rd day of marriage and lodged dowry harassment against her husband for demanding an Honda City. I was blamed for breaking up her marriage as my parents had not gifted her a honda city car. She told her parents to stop giving me food from the only kitchen in home. I was left with 2 kids and no food. I shifted to my parents.
In 2008, after counselling by police, my husband took a separate house. On first day , he left me at my parents promising to pick me and kids up at night. However when he did not turn up, I called him up. His sister picked the phone and told me to deposit copensation for breaking her marriage into her account , or she will break my marriage . Same night I was thrown out by my husband.
is this not dowry harassment. Any judgements will be helpful.
Asked in Family Law from New Delhi, Delhi
This may not qualify as dowry harassment however if you have any proof that the car was asked to be gifted to your sister in law in her marriage, then this can come under dowry harassment. What proof do you except the verbal communication that your in laws asked your parents to gift your sister in law a car for her marriage. And if possible obtain a copy of the dowry harassment case lodged by your sister in law against her husband for demanding Honda city.
you can file a case of dowry harassment since in a way to sustain your marriage further, your parents are asked to pay certain amount/gifts. There are no direct judgments on your facts but wherever harassment is done in order to obtain economical support or financial stress is created, that qualifies as dowry harassment.
1) since your MIL has taken away all your jewellery you can file complaint under section 498A for dowry harassment and for return of your streedhan against your husband , in laws .
2) you can also file Dv case against your husband and in laws , sister in law and seek right to stay in matrimonial home or laternative accomodation
3) you can also seek maintenance from your husband and also for the kids under Dv act .
4) also seek compensation for mental torture you have undergone .
1) Why worry about dowry harassment? Yours is a fit case for extreme domestic violence. File a case under DV Act before the Magistrate court . On this petition you can seek protection against domestic violence, maintenance for yourself and your children and accommodation in your matrimonial home or separate accommodation.
2) Under the same petition you can also seek compensation for all the torture and mental agony you suffered.
3) Apart from the above you can also file a complaint under section 498A, demand all the jewellery taken away by your mother in law back.
4) Engage a local lawyer to assist you.
I filed a case under DV act in 2008. No relief has been granted so far. The court in the case filed by the state for dowry harassment was pleased to opine, these acts are not of dowry harassment. I had informed the police of all the happenings on a regular time period. u can know more about my case from mitukhurana.wordpress.com and all orders are uploaded on www.savedaughters19.wordpress.com
Asked 2 years ago
Your matter is an example for Domestic violence , mental cruelty and dowry demand and action and complainta in reference to subject could have been initiated.
1. Have you lodged a case already? If yes, at which stage is it pending? Whose name has been mentioned by you in the FIR?
2. The facts disclosed by you do not reveal harassment for dowry, albeit they reveal domestic violence. So you can file a case for domestic violence to seek the right to reside in your matrimonial house, maintenance for yourself and your child and also a restraint order which will protect you from further domestic abuse within the precincts of your matrimonial house. You can also apply for the custody of your child.
3. A case for dowry harassment will not have much vigour to stand on its legs in the court as the facts mentioned by you do not point towards harassment for dowry. A flimsy case of dowry harassment, if filed, will in turn dilute your other legal remedies.
4. Since your MIL took away all your jewellery you can file a case for recovery of streedhan against her.
5. Do not run after judgments as they will not help.
1)you have not reproduced the order passed by learned magistrate holding that no case of dowry harassment is made out .
2)Harassment with the purpose of forcing the woman or her relatives to give some
property • Harassment because the woman or her relatives are either unable to yield to the demand
for more money or do not give some share of the property.would fall within ambit of section 498A
3) in your case demands made for share in father business , demands for honda city car would constitute dowry harassment . further your streedhan is in your MIL possession and they have refused to return same to you
4) whether you are able to make out strong prima facie case depends upon evidence led by you in support of your allegations made in complaint .
5) ifcase of Dv has been filed in 2008 how come it has not been decided for 6 years? were no interim reliefs granted by court?
1. It is certainly a dowry harassment case meted on you by your inlaws. Demanding a Car from the wife for the sole cause that she is the wife, is nothing but dowry harassment,
2. Your complaint for dowry harassment is required to be drafted very carefully.
1. You have filed the DV case in the year 2008. What is its status now? Why and how the said case has not yet been disposed of by the Court?
2. It is not known how the Court had passed such order,
3. Such Orders/Opinions are the outcome of the complaint/evidence filed by you,
4. You have a strong case to fight. File an appeal against the said order in higher court.
as you informed that you have already filed the D.V case before court and the police/state case is about to opine.
now file a writ before HC or file an application before trail court for speedy trial.
if trail court is not ready to speedy trail then you may file a writ before the HC for direction/time frame for decide the case on merit.
Advocate, New Delhi