I got My daughter married in December 2012. The boy's family demanded a dowry of Rs. 3 lakhs cash for marriage apart daughter..er gifts. Rs.2 lakh was transfered from my elder married daughter's bank account to boy's father's account. And Rs. 1 lakh was transfered my me to his father's account around 1 month prior to marriage. Post marriage boy and her family members including 2 sister's, 1 brother, his mother and father kept harrasing my daughter to go home and get more dowry like washing machine, sewing machine, laptop, four wheeler etc. When these demands after marriage could not be fulfilled they started harrasing her starting 15 days after marriage. Her husband abused her and us badly, sold the fridge we had given her, her sister snatched her mobile we had given her and broke her sim card. Her husband stopped talking to her, She was removed from home by her mother in law , father in law and 2 sister in law's 1 year 2 months back when my daughter was 4 months pregnant. She delivered 8 months back but neither her husband nor her in laws ever came to see her or take her nor are they providing any sustenance for her and her child. Inspite of us calling them many times to ask, her husband and in laws refuses to keep her till she gets more dowry. Now we are tired waiting hoping for change of their hearts but all in vain. We want to file dowry case against them. Kindly advice me how should I go about it, what punishment (imprisonment and compensation) will her husband and in laws get and how soon they will be arrested and will it be non bailable and if the boy abscond's after learning about our filing a case how will the case proceed? Kindly help me.
An aggreived father of a victimized daughter
Asked 3 years ago in Criminal Law from Samastipur, Bihar
1. You can ask your daughter to file such case from your place.
2. The cases would be u/s 498A, 406 IPC read with 3 and 4 of D.P.Act.
3. Your daughter can file case for maintenance as well under PWDV Act.
4. In 498A case her husband may be arrested unless they take anticipatory bail.
Your Condition is very pathetic. Actually the stringent laws have been made only for the benefits of the victims like your daughter but the women biased laws, as it has been branded now, are grossly misutilised by some greedy, sadistic and vengeful females to avenge their in laws for no reason or no valid reason. But the actual sufferers like your daughter suffer all the humiliations in silence and become more and more victimised in the hands of such beasts like her husband, mother in law, sister in law etc.
Well you have full remedy and protection in law.
You can ask your daughter to lodge a complaint with the police against her husband, mother in law, sister in law, and all others who humiliated her, treated her with cruelty, demanded dowry and have done all atrocities, including snatching away all her valuables including jewels and other costly household articles.
In addition, she can file a complaint before the social protection officer under domestic violence act seeking protection, residential rights and maintenance for her and the infant child.
She can file a petition under section 125 cr.p.c. seeking maintenance for herself and the infant child too.
Consult a good lawyer and proceed as per his further advise.
1. Your daughter can launch their prosecution for dowry harassment by filing a complaint to this effect to the police, or she may directly file the case in the court. Apart from dowry she can also file charges for assault against them. They may be imprisoned for 3 years if found guilty by the court.
2. It is the duty of her husband to financially support her. If he does not perform this duty then she can sue him for maintenance for herself and her child.
3. She can also claim heavy compensation for the physical and mental abuse which she suffered in her matrimonial home by filing a case for domestic violence.
4, If the boy and her family absconds they will be arrested on the issue of a warrant of arrest by the court.
You should file an FIR in the nearest police station for cruelty and dowry harassment. To get specific relief of maintenance, return of. articles jewelry and cash , orders of residence and protection she should file a domestic Violence complaint in the magistrate court.
Your daughter should also file for divorce and ask alimony and other relief.
File for maintenance for herself and child in the family/ or divorce court.
Such people are not deserved for any mercy. Take all possible legal steps to get him to pay for what he has done with your daughter
Engage an advocate to deal with the case effectively
If your daughter is not working then first of all she can file maintenance petition u/s. 125 of the Criminal Procedure Code asking money for herself and her child.
You will have to lodge a police complaint against the husband and his family members u/s. 498 a of the Indian Penal Code and for dowry harassment.
Do you have any telephonic records of conversations with his family for demanding money and you reconciling the matter? Or any written demand? Please gather those proofs as that will be helpful in the court because now a days proving the authenticity of such cases is getting difficult.
Does your daughter has any proves of dowry harassment?
Kindly visit this site it will be of great help to you.
1. Start discussion very politely with her husband and her in laws and record the discussions by audio taping wherein they are heard asking for dowry and admits that they will not harass her anymore if the said dowry is paid to them,
2. After that lodge a police complaint u/s498A of IPC alleging dowry harassment,
3. After that file a DV case claiming maintenance for your daughter and her kid and separate accomodation,
4. If your daughter decides to terminate the matrimonial relationship with her husband, she can file a divorce suit on the ground of cruelty claiming substantial amount towards alimony.