You can file both cases at the same time. Yes it will stand

No dowry case can be filed after divorce. 

You can file both the cases simultaneously first file for dowry harassment and then go for the divorce case.

Dear Client, 

As per facts,

1). you can file an application for Divorce before the family court on the under section 2 of the Dissolution of Muslim Marriages Act, 1939.

2). Yes, you can file a suit before the court to getting the dowery.  

3). Yes, dowery case stands even after getting divorced.

You may call me through KAANOON for more detail. 

You can file both cases at same time 

in alternative file dowry harassment case and then file for divorce 

File all cases simultaneously, Particularly, criminal case for domestic violence and dowry shall file first and followed by it divorce/demand of maintenance.

Respected mam...

You have right to file both the cases at the same point of time and that is your right ...Even you can file more then two cases.. but file the cases after a proper prepration and consulation with your advocate ...

Thank you

- As per the provision of Dissolution of Muslim Marriage Act , you have right to take divorce legally.

- For getting divorce , you should file a petiton for Divorce under Muslim Marriage Act, before the family Court of your jurisdiction.

- You can get the dowry articles from this Family court as well after moving an application for the same.

- But, as per my suggestion , you should file a separate case for getting your compelete dowry articles firstly.

- If , you will file the Divorce case firstly , then you may not get your whole dowry articles .

For further query, you should narate in details .

Good luck and dont forget to positive rating.

if you file dowry harassment case public prosecutor leads evidence in the case 

2) you are always at liberty to change your lawyer in divorce case 

Under 498a  you can get your dowry back plus you will get divorce as well.

See in criminal case government advocate shall will prosecutor so  there are less chances of being influenced by other party.

If you can take divorce he fails to return the dowry you can file complaint for same.

That is hypothetical situation about your lawyer you can change him. Getting back dowry is courts discretion

You can file both cases simultaneously recovery of dowry should be done via police complaint under section 498A and 406 IPC. 

Dear Madam,

The following information may kindly be read:

Separation between the spouses can only be done in one of two ways: talaaq (divorce) or faskh (annulment). 

The difference between them is that talaaq is the ending of the marital relationship by the instigation of the husband, and it involves specific, well-known phrases. 

As for faskh, it is annulment of the marriage contract and dissolution of the marital bond completely, as if it never happened, and this can only be done by means of the verdict of a qaadi (judge) or a shar‘i ruling. 

The differences between the two include the following: 

1.

Talaaq can only be done by means of the husband’s utterance, by his choice and with his consent. As for faskh, it is not uttered by the husband, and is not conditional upon his consent or choice. 

Imam ash-Shaafa‘i (may Allah have mercy on him) said: Any case in which it is ruled [by a qaadi] that a couple be  separated, when the husband did not utter words to that effect and did not want it… this is a separation and be called talaaq. End quote. Al-Umm (5/128). 

2.

There are many reasons for talaaq, and it may occur for no reason except that the husband wants to leave his wife. 

As for faskh, it can only occur when there is a reason that makes it necessary or permissible. 

Examples of reasons for which the marriage contract may be annulled (faskh) include the following: 

· Lack of compatibility between the spouses, according to those scholars who regard that as one of the conditions for the marriage contract to be valid.

· If one of the spouses apostatises from Islam and does not come back to it.

· If the husband becomes Muslim and his wife refuses to become Muslim, and she is a mushrik (polytheist), not one of the people of the Book (i.e., Jewish or Christian).

· When li‘aan occurs between the spouses [li‘aan is a process done where the husband accuses the wife of adultery and she denies it, and each swears oaths invoking the curse of Allah if he or she is lying].

· Financial difficulty on the part of the husband, and inability to spend on his wife’s maintenance, if the wife requests annulment of the marriage.

· Presence of a defect in either spouse that prevents intimacy or creates revulsion between them.

3.

The husband has no right to take his wife back after faskh (annulment). He can only take her back with a new marriage contract and with her consent. In the case of talaaq, she is still his wife so long as she is still in ‘iddah following a revocable talaaq (i.e., first or second talaaq), and he has the right to take her back after the first or second talaaq, without a new marriage contract, and regardless of whether she agrees or not. 

4.

Faskh is not counted as one of the three talaaqs that the man may issue. 

Imam ash-Shaafa‘i said: Any faskh that occurs between the spouses is not counted as a talaaq, whether a first or subsequent talaaq. End quote from al-Umm (5/199). 

Ibn ‘Abd al-Barr said: The difference between faskh and talaaq, even though each of them is a separation between the spouses, is that if the spouses get back together after faskh, then they will get back together on the basis of the original marriage and the woman still has three talaaqs left with her husband, whereas if he divorced her by talaaq then took her back, she has two talaaqs left with him. End quote from al-Istidhkaar (6/181). 

5.

Talaaq is the husband’s right, and it is not dependent upon the ruling of a qaadi (judge), although it may occur by mutual consent between the spouses. As for faskh, it depends upon a shar‘i ruling or the verdict of a qaadi. Faskh cannot be done simply by mutual consent between the spouses, except in the case of khul‘. 

Ibn al-Qayyim said: The spouses do not have the right to agree to annul the marriage without compensation (i.e., khul‘), according to scholarly consensus. End quote from Zaad al-Ma‘aad (5/598). 

6.

If faskh occurs before consummation of the marriage, the woman is not entitled to anything of the mahr (dowry). In the event of talaaq before consummation of the marriage, she is entitled to half of the agreed-upon mahr. 

As for khul‘, this refers to when the woman asks her husband to separate from her in return for financial compensation or giving up her mahr or part of it. 

The scholars differed as to whether khul‘ is faskh (an annulment) or talaaq (a divorce). What is more likely to be correct is that it is faskh.

Integrity of lawyer is impeccable but sometime low character from an advocate also cannot be denied. So fidn lawyer carefully. with repute and integrity.

Dowry you can reclaim by filling police complaint.

You can lodge a criminal complaint with the local police for the dowry harassment and also for other cruelties.

You can file a DV case seeking maintenance and compensation for the dowry amount he received from you at the time of marriage and also return of all your articles held by him.

The divorce cae also can be filed simultaneously under the dissolution of muslim marriage act.

If your lawyer betrays you at a later stage then you may abruptly change the lawyer without any hesitation.

You can retrieve the dowry amount only by putting pressure on him by lodging criminal complaint against him.