• Cruel husband and in-laws

Hello sir/madam. my name is payal. I live in delhi. On 6 dec 2014 i got married with a guy from rajasthan. The total expense of the marriage is around 95 lakhs. In spite of moving from a metropolitan city to a village , i adjusted my self and gave my 100% to my new family and husband.But after the few days of marriage i became the victims of dowry demands and  faced mental and physical harassment from my husband and in laws. My husband used to drink and smoke on daily basis and these things were hide at the time of marriage .He is not satisfied with anything. His mood swings every minute. The torture increased day by day and even i have to face miscarriage also due to mental and physical harassment given by my husband and in laws. On 12 april he left me at my parental home and said come with AUDI car and 5 Lakhs rupees. but my parents cant fulfil their demands now. My father talked to my sasur and asked for mutual divorce as i cant bear any more pain and my future is in wrong hands. He first agreed and when we asked to return our dowry articles including gold,car etc  he refused for mutual divorce .So last month i filed a complaint in CAW cell. I had submitted the list of articles to be returned and all expenses. The copy of list is also given to my husband and being told to settle the matter mutually else FIR will be launched. But they are not willing to give back anything and keep on saying "humne kuch kiya hi nai ".  My husband keeps on changing from his statements all the time. I had also filed case for maintenance and domestic violence against them(they didnt know this yet). NOW my sasur wants to do a meeting with my father to settle the matter outside and he is ready to give CAR and GOLD items back but not the expenses incurred. SO my questions is that what how should i proceed further ? I want to get them punished for their cruelty and want my money back . Please give me best way to get rid of this hell. How long these court cases take and around what amount i can recover from them ?
Asked 1 year ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) you are entitled to return of your streedhan and car given at time of marriage . 

2) since your father in law is willing to return said items as per list given by you accept the offer . 

3) 498A cases / DV cases take around 5 years to be disposed of . 

4) you should agree for divorce by mutual consent and accept a lump sum amount as alimony depending upon your husband income 

5) you are not entitled to return of your marriage expenses 

6) if you dont want divorce then you can in DV case claim compensation for mental torture undergone by you and also alternative accommodation and maintenance 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1. You can not make both compromise and proceed with the case simultaneously. You have to choose either of the two.
2. If you want to punish them then proceed with the cases. I you want your goods back then forget the cases.
3. I would recommend you to make settlement and move on life. The cases take lot of time and leave a bitter taste in future life.
Best of luck.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Dear Querist
It will be better to settled the matter amicably with them and get your money with all the items and proceed MCD the cases may take more then 2-3 years. 

Try to execute a MOU with them outside the court and mentioned all term and conditions and apply before court for mediation and record the same before mediation and proceed Mcd
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. Since you want to have them punished for the harassment and torture meted out to you the only way to do so is by launching their prosecution in the court. You can inform the CAW cell that you desire that a FIR should be filed. If the FIR is not filed the prosecution can be launched by you directly in the court.

2. You may also seek heavy compensation from your husband and in-laws for the violence suffered by you at their hands.

3. To recover the money spent on the marriage by you or your parents you are required to file a lawsuit for recovery.

4. You are at liberty to file for divorce. 

5. We cannot tell how long it will take in the court as it depends on local factors.
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
5.0 on 5.0
Its good that you have filed maintenance and domestic violence case. So how far have you reached in that case. Has he started paying you monthly expenses?

If you proofs of your miscarriage and harassment you may also file 498A case as it well fits in your case . Once they start visiting police station they would be harassed. They would panic and may settle the case. Also since they are going back on their words keep recording their conversation whenever there is any meeting. 

Marriage expenses is difficult to get but its your legal right to get your streedhan i.e. Jewellery, cash, clothes received by you at the time of your marriage and later on during festivals. 

You may also file case for mental and physical cruelty and harassment. You can also claim alimony at the time of divorce. 


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
Hi,
You have not mentioned who spent all those 95 lakhs in wedding. Don't you know taking as well as giving dowry is an offence? Can you prove alleged torture by your husband? Filing a suit is easier but without documentary evidence you'll not win it. Can you prove demand for Audi and Rs. 5 lakh cash by your in laws? You have already filed many complaints and cases against your husband, I hope you have sufficient evidence to prove domestic violence. You'll have to prove legality of your demands in court and it is upto the court to decide the amount. My suggestion would be to go for Mutual consent Divorce and settle the matter reasonably and amicably.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1) you can file 498a case for dowry harassment on account of dowry demands made by your husband and in laws 

2) if your father had paid cash at time of marriage you can claim said amount 

3) if in laws demanded cash and gifts be given to their relatives for solemnisation of marriage you can also claim said cash and gifts 

4) you cannot seek to recover expenses incurred for buying your clothes and for catering 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
In the given circumstances, in my opinion, if your father in law is coming down with the offer to return the gold jewels and the car and the household articles, you must play a safe game very strategically by pretending to accept  to their terms but factually, you should not accept the terms.  You retrieve all the items held in their possession and also file a fake application without any meaning or rhyme seeking withdrawal of the complaint but after getting back all the items, you may again lodge a fresh complaint with the same CAW seeking return of the money spent on marriage solemnisation including one time settlement of a huge amount in the name of alimony for agreeing to mutual consent divorce or else proceed with the complaint and the divorce cases simultaneously.  They will not realise until they face the music of law properly. Dont worry about the cases dragging on for years, the orture is for them and not for you. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. Have you collected evidence of their dowry harassment by audio/video recording theie alleged claims for dowry like Audy car, Rs.5 lakhs etc.?

2. If yes, then go back for few hours to your sasur's village and lodge a police complaint before the police station of theat village. Alternatively, you can send your complaint to the said police station under copy to the  S.P. having charge of that police station. After few days file an application before the District Judge having jurisdiction of the said police station praying for direction upon the police to investigate and act based on your complaint. Police will file a FIR now,

3. If police still refuses to work, file a Writ Petition against police inaction before the high Court at Jaipur,

4. After taking the above steps, your father can meet your sasur and ensure that he secretely audio (if possible Video) record your sasur's admission that there was torture/harassment on you for dowry and that they have taken huge amount of dowry,

5. After collecting back whatever is reurned to you and after that persue the dowry case already filed by you. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
I certainly understand your situation but all that you can claim back from the court is just the jewellery and clothes. It's sad but true. You should have all photographs of the jewellery so that nothing is missed. It's good that in MCD they are ready to return your jewellery and car. 

But in MCD you may demand money from them apart from the jewellery and car as full and final settlement. 

File 498A case against them you have strong proofs against them they will immediately settle the case on your terms or would go behind the bars. 


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
1. To recover your money your have to file a case for recovery in the court. The proof of the expenditure incurred on the marriage will have to be furnished as the court will not accept your statement on the face value. 

2. The medical report is sufficient to launch the prosecution of your husband for assault and domestic violence.
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
5.0 on 5.0

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