• 498a case

Sir,
My husband and his parents are started harrassing after the few days marriage for dowry.
Then my parents try to convince him but not convinced then they given complaint in police station but the matter not solved and then he send me the divorce letter through advocate as per muslim law since we r muslims.

Now how can i get my dowry back and how can get my maintanance rights.
He has taken the anticipatory bail also for secure himself.
Could you please advice for my next action for my right and justification.
Asked 2 years ago in Criminal Law from Coimbatore, Tamil Nadu
as regards the dowry paid by you it is difficult to get back as there will be no proof. if you can provide the court any documents to show that you have given the dowry then you will succeed. further you can seek maintenance. as regards your next action contest the petition filed by your husband and in addition you can also lodge criminal complaints on him
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
Slap 498A case on him,as well as  125 maintenance case in local District Court. You can file a case for returning  of Stridhan you had given  to your husband, make  a list of  it and submitt  before the court.
Soumya   Kundu
Advocate, Kolkata
50 Answers
0 Consultations
4.8 on 5.0
1. Since you have been harassed in relation to dowry you may file a case for dowry harassment against your husband and his parents. Demand of dowry is an offence punishable under the law. 

2. In order to recover your articles you need to move the court and file a case for recovery of stridhan. However, you will be required to submit any proof of articles being given by you to them. 

3. For maintenance you may file a case under DV Act seeking financial support from your husband.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
File a criminal case against them under section 498A/406 of IPC, file a maintenance case against your husband under section 125 of Cr.P.C
file a domestic violence case against them.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
how he has obtain anticipatory bail when you have not file a complaint in women cell.the procedure is when you file a complaint in women cell they will send notice to your husband and in laws,the conciliation and mediation proceedings are initiated which normally takes 5-6 months and then the procedure of registration of FIR starts.
any way file a complaint in women cell and get the FIR registered under498A and 406,IPC along with that also file complaint under DV act,if you want you can also file under 125crpc for maintenence
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
u are entitled for maintenance as per muslim law as it cleared by supreme court in daniel hanifi case & shabnam case . apart from this u can file criminal case under 498A & d v act 2005
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1. with regard to dowry harassment by your husband and his parents you can file complaint to the concerned police  
   station Under sec 498A of IPC and 3 & 4 of D P Act.

2. with regard to recovery of the dowry amount if you have the proof you can get it back if not it would be difficult

3. with regard to claiming maintenance you can file Domestic Violence case and ask for monthly maintenance. 1/3rd      salary of the husband will be given as interim maintenance.

4. if  you don't want to divorce your husband then you can file restitution of conjugal rights asking your husband to come back and lead a happy marital life. this petition will be against the divorce case.
Nagalakshmi S.
Advocate, Bangalore
16 Answers
22 Consultations
4.8 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
431 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2728 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0