My sister got married at haridwar in Nov.2016 and our residence is Jamshedpur. her husband and mother in law is torturing for dowry with physical and mental. sir , my query is. 1. can my sister file a case against her husband & mother in -law in Jamshedpur or she have to file a case in haridwar. 2. what proof is required for evidence to show in court. 3. what is the procedure to get divorce. 4. what type of compensation she can get.
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1. Yes, she cna file it in Jamshedpur but allegations must contain tortures occurred at Jamshedpur as well.
2. She will have to file a suit for contested divorce unless her husband becomes ready for mutual divorce.
3. Monthly maintenance varies around 25% of income of husband while for one time settlement there is no limit.
Your sister should file case of dowry harassment under section 498A of IPC in Haridwar as cause of action has arisen in Haridwar
2) she can DV case in jamshshedpur wherein she is currently residing seek alternative accommodation, maintenance, compensation from husband
3) divorce case can be filed from Jamshedpur on grounds of mental cruelty
4) she can rely upon police complaints filed against husband, correspondence exchanged with him , statement of witnesses to prove cruelty
if she file a case in haridwar for dowry harassment case , it can be transferred to Jamshedpur or not, because she will be alone in haridwar and not able to fight and in-laws can be do anything . kindly suggest . any other way to file case in Jamshedpur?
1) zero FIR can be filed in Jamshedpur
2) if part of cause of action has arisen in jamsedpur complaint under section 498A case can be filed in Jamshedpur
3) if she files case in Haridwar for transfer of case to Jamshedpur you will have to file application in SC for transfer of case to jamshedpur
Hello,
1) She can file a dowry harassment case in Jamshedpur only if the demand of dowry was made in that place or there are incidents you can narrate to show the cause of action arose in Jamshedpur partially. Otherwise Haridwar is the ideal place to file the case.
2)Record of conversation, letter,mail,messages and people/ relatives that have been witnesses can be evidence/proof.
3) On completion of 1 year of marriage she can file for divorce in a court of law on grounds of cruelty.
4)She can file for alimony based on his income assets etc
Dear Querist
my opinion on your queries are as under:-
1. can my sister file a case against her husband & mother in -law in Jamshedpur or she have to file a case in haridwar.
Opinion: She may file a criminal complaint against them before criminal court under section 12 of Protection of Women from Domestic Violence Act-2005 and claim protection, right to residence, maintenance, child custody if any and compensation as per section 18,19,20,21 & 22 of Act-2005.
2. what proof is required for evidence to show in court.
Opinion: Oral statement can be sufficient if documentary evidence is not available or if there is no medical report.
3. what is the procedure to get divorce.
Opinion; She may file a divorce case before family court on cruelty ground U/s 13(1)(ia) of Hindu Marriage Act-1955
4. what type of compensation she can get.
Opinion: Maintenance and monetary relief can be claim even as per section 22 of the Protection of Women From Domestic Violence Act she can get compensation for domestic violence in form of money.
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She can file a DV case in Jamshedpur, but 498a and dowry harassment case can be filed in Haridwar only.
For DV case her statement shall be sufficient.
She has to wait for one year to file divorce case.
She can file maintenance case under section 125,Cr.p.c
The dowry harassment case shall be prosecuted by police, she need not attend court on each and every date of hearing