• About dowry and domestic violence

I have my marriage in Nov 2017 and I take some money before my marriage and after marriage I didn't take a single penny from my wife parents .
Due to some circumstances I abused her while she is in parents house bcoz I don't to let her go to her parents house and after she got pregnant I care her for 7 months and take her to visit to different place while she is with me fir 10 months but in the 8th month of her pregnancy she departs to her parents house and after delivery of my child she didn't come to me , I tried my level best to bring her back .in last 1 year I visited her parents house 2 times but she didn't come with me .....from tha frustration I regularly abused her and their parents bcoz I am unable to meet my child and I miss her a lot...
Now she is filing a dowry case and domestic violence charges against me .
Plz suggest what to do
Asked 9 months ago in Family Law
Religion: Hindu

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23 Answers

Contest the cases which she filed on you. That can only be done. Hire an experienced lawyer.  

File a Section 9 RCR petition 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

In case she is filing DV case, you may challenge the same on merits and documentary evidences in your side.

In the event of dowry harassment complaint with the police and if they register FIR, you may first apply for anticipatory bail.

The current government has restored the provisions of law granting anticipatory bail in UP state, hence you can apply for AB first and then plan to either challenge the false complaint in the trial proceedings or file a quash petition before high court under section 484 Cr.P.C.

you may discuss with an advocate when the necessity arises, at length and look for solutions 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

You should have filed a rcr application in the family court but if you haven't then file it now. The court will ask her why is she not returning back to her matrimonial home. Talk to her through relatives and friends and try mediation. If she is not ready to come back then file a divorce petition.

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

Immediately get anticipatory bail and you will be in safer zone. It is not so easy to prove dowry harassment against you. Seek suggestion of an advocate who is practicing in family matters. Take all precautions which are required for you and also you can file section 9 RCR. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

My simple answer and advice to your question is wait until summons are served upon you in both the cases by Court of Law. 

If wife files 498 a IPC against you and your parents, Brother and sister then wait for notice from the Police Station u/ s 41 1 of CR.P.C.1973 which is mandatory for the service upon opponents as per Law and ruling of Apex Kumar in the matter of

      Arnesh Kumar v/s State of Bihar. 

The Court has held several guidelines in this ruling and directed The state and Central Government along with all  The Police of all the State to follow the guidelines Strictly. 

Hence,no worries ,Just enjoy the life  and please pay due  attention to your career. 

After services of notice and summons we would reply unequivocally to them and issue legal notice for Restitution of Conjugal Right   u/ s 9 of Hindu Marriage Act 1955 and claim Custody of child under Guardians and Wards Act 1890 .

Be careful about summons and Notice. Pl receive it and inform us we would take good care of you and your case  under the various circumstances and several provisions of our Indian Laws which are available for your due protection. 

All the best.

Best regards. 

Ramesh 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Request her to come back, if she doesn’t agree then contest the case.

Nirmit Srivastav
Advocate, Lucknow
60 Answers

5.0 on 5.0

You need to first seek anticipatory bail from court to secure all named in FIR and then contest it on merits

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

  1. if you want to remain in the matrimonial relationship, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court,

and,

  1. if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you have two options,

one option is to,

file contested divorce on the grounds of mental cruelty but it will take many years,

once you file contested divorce she may file/claim:

498a complaint 

Domestic Violence case

maintenance,

so be ready for them too,

and,

the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,

RCR will work as a safeguard to 498a, maintenance, DV etc 

ABUSING IS NOT GOOD, LEGALLY & SOCIALLY

Suneel Moudgil
Advocate, Panipat
2341 Answers
3 Consultations

4.7 on 5.0

Respected sir....

You need not to worry much about that because filling such type of cases is very easy but latter on to prove them that is very difficult ...sir if you have any recording in that prospect that you visited her palace will help you along with other evidence ...I would like to suggest you to file a petition under section 9 of HMA prior to her filling of such cases that will help you alot in each and every manner.....

 

 

Thank you

 

 

Dinesh Sharawat
Advocate, Delhi
1250 Answers
12 Consultations

4.9 on 5.0

Return the money received by you from your wife family before marriage 

 

2) in case dowry harassment case is filed apply for and obtain anticipatory  bail from sessions court 

3)in DV case file detailed reply denying allegations made 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

1. If the dowry case (498A) is filed then apply for anticipatory bail immediately on receiving the notice.

2. DV case too can be contested on merits.

3. You are free to file petition for child custody in the court of Guardianship Judge,

Ashish Davessar
Advocate, Jaipur
30308 Answers
881 Consultations

5.0 on 5.0

1. See if you have taken dowry and harrassed her and she has proof of same she may file a police complaint and FIR may be registered against you. 

2. Further you must try to talk to you wife so that the dispute is settled mutually you can ask for a mutual divorce. If she is not ready to settle mutually file a police complaint against her that she is intimidating you for false cases and deserted you also file divorce on ground of cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

1. Well as long as you still love your wife and serious about love and affection for her which your wife well understands then this kind of dispute can be resolved easily. 

2. Be cool and calm and don't abuse her anymore. 

3. She is mother of your child as well.  Go and meet her. If you are genuine in your approach then certainly she will come back to you and will withdraw the cases.

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

If your wife already filled any case against you, then defend the case. You should now file a suit for restitution of conjugal life in district or family court to show your intention to bring back your wife. You can also file a suit for custody of child in the same court. But child custody may go in favour of your wife.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

Dear Querist

if she already filed the cases against you for the offence of Dowry demand and domestic violence then no need to worry, you have two option, first amicably settlement with her or secondly fight the case on merit with the help of the advocate who deals in matrimonial criminal cases.

if she is unable to maintain herself then she will be entitled to get maintenance from you for herself and for the child. in Domestic Violence case, she may claim protection, right to residence, child custody monetary relief and compensation as per section 18,19,20,21 & 22 of the Protection of Women From Domestic Violence Act-2005.

 

if you want to live with her then You may file a petition Under section 9 of Hindu Marriage Act-1955 for Restitution of Conjugal Rights along with an application under section 26 of HMA for child custody.

Nadeem Qureshi
Advocate, New Delhi
5912 Answers
281 Consultations

4.9 on 5.0

If dowry case is filed, upon coming to know about the same, you need to obtain Bail and contest the same, thereafter you can go for Quash of the FIR, same with Domestic Violence case also.

Further, you can contest DVC if it is filed after one year of leaving house, it is not maintainable.  

File your reply / counter and deny all the allegations made by her in said DVC contest the same on merits.

If the money borrowed by you has any proof i.e., bank transfer, cheque etc., you return the same through Bank, if no proof is there you ignore and deny it. 

S Srinivasa Prasad
Advocate, Hyderabad
2866 Answers
9 Consultations

5.0 on 5.0

Hi, She has already initiated dowry case against you. Now you have no option you have to contest the case on merits. Further, simply filling the case does not mean that she has succeeded in the case but the prosecution has to prove the case beyond reasonable doubt. 

Pradeep Bharathipura
Advocate, Bangalore
4985 Answers
258 Consultations

4.5 on 5.0

Hello,

  1. Unfortunately, the reasons you provided for abusing your wife and parents cannot justify your actions and will need better defence in court.
  2. Request for a mediation with your wife in the court and you should be able to resolve your disputes.

S J Mathew
Advocate, Mumbai
3147 Answers
129 Consultations

5.0 on 5.0

Under the Hindu Marriage Act, Separation is a ground of Divorce, if the husband and wife have been living separately for more than two years at the time of filing petition. 

- If , you wanted to live with her , then you should sent a legal notice to accompany you within the period of 7 days time , and further  on refusal you can file a suit for Restitution for conjugal rights .

- If you get a decree from this suit , then her case would be weaken.

- Since, she has already filed cases against you, then you can take plea in your reply , that you want to live her , but she has deserted the matrimonial life without any reasons .

- Further , try to settle the dispute amicably with the help of court counsellor. 

Mohammed Shahzad
Advocate, Delhi
6272 Answers
64 Consultations

5.0 on 5.0

File petition for child custody and restitution of conjugal rights.


She herself has left you and you are whatever you said even if recorded by her may not go agasint you because all you have said while pursuing her to call her back.

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

From examining all the facts of your query I want to say that-
These cases are very common in various Courts of India and Supreme Court of India. I can really understand your problem in this regard. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters a marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation by way of mutual consent divorce. I have dealt with many such cases in Supreme Court. You know marriage doesn't guarantee that you will be together forever it's only paper. It takes trust, respect, friendship, faith and understanding to make it last. Moreover, a relationship without trust is like a car without gas, you can stay in it as long as you want but it won't go anywhere. I feel there is a strong bitterness in your relationship.

Try to sort it out amicably with the intervention of elderly people or with the help of family counselor. The role of a family counselor is an extremely important one in today’s society. There are many individuals who have issues that need to be resolved yet are unable to do so on their own in an effective manner. This is where family counselors enter the picture. These individuals help others when they need to work out issues and need an unbiased individual to help them to do so. A family counselor is an individual who treats married couples or family members in order to help them overcome mental or emotional problems that may result within the home. The family counselor will diagnose any disorders and provide effective treatment measures in which to help the family members resolve their issues.

You stated that she is filing a domestic violence and dowry case. So you do not need to apply for anticipatory bail as special safeguards are provided to you by Supreme Court of India recent judgements. Police cannot arrest you without a warrant. Our justice system upholds the principle of 'innocent until proven guilty'.

You can file Restitution of Conjugal Rights (RCR). A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other. A husband or wife can file a petition for restoration of their rights to cohabit with the other spouse. But the execution of the decree of restitution of conjugal rights is very difficult. The court though is competent to pass a decree of restitution of conjugal rights, but it is powerless to have its specific performance by any law. The non-compliance of the issued decree results to constructive destruction on the part of the erring spouse. At present as per the provisions available under the Indian personal laws, the aggrieved party move a petition for a decree of divorce after one year from the date of the passing of the decree and the competent court can pass a decree of divorce in favour of the aggrieved party. The decree of restitution of conjugal rights can be enforced by the attachment of property, and if the party complained against still does not comply, the Court may also punish him or her for contempt of court. But under no circumstances the court can force the erring spouse to consummate marriage. Decree of restitution of conjugal rights could be passed in case of valid marriages only. You can take a horse to the water, but you can't make him drink, is a very popular proverb and the provision for restitution of conjugal rights under the Indian personal laws seems to be akin. The court can pass a decree for restitution of conjugal rights and order the erring spouse to cohabit with the aggrieved spouse. Better would be to discuss in detail with complete facts.

You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

 

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

Shri Gopal Verma
Advocate, New Delhi
304 Answers
5 Consultations

4.0 on 5.0

1. You should involve some seniors of your family for reconciliation between you and your wife.

2. Once the legal battle begins it can be difficult to resolve the differences. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

You have to send a legal notice for the Restoration of conjugal rights you have all the right to see your child and for that purpose you have to file a case for visitation. as for the time being there is no legal dispute between both of you it will be good to start from the Restoration of conjugal rights and send legal notice and if you do not come back then you can file case in the court and wait for the decision of the court in this regard

Vimlesh Prasad Mishra
Advocate, Lucknow
6811 Answers
23 Consultations

4.9 on 5.0

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