• Domestic violence and dowry

My sister got married in Year november 2019. But, on the day of marriage groom side demanded dowry fulfillment as per their demand. In tilak ceremony Rs 2 lacs was given. But, after jai maal ceremony they refused to continue the function and marriage. there demand was 10 lacs. some arrangement were made of 2 lacs more and finally the marriage was solemnized in morning 9 am next day instead of the schedule marriage day. In 21 days of stay they used tp beat her and proper food was not given. my sister is govt bank employee. they pressurized to bear all expenses of home. her husband is also bank employee. In honey moon tour also they had a fight. All expenses of tour was bore by my sister. One day his mother and her husband physically abused her and hit her over dowry matter. she called my father to take her or talk to them. my father tried his best to settle but in vain. she was diagonised by depression and anxiety by BHU hospital and treatment was taken. two cases has been filed one is of dowry and second is of DV. my query is
1. how to get back stree dhan back and what proof shall submitted to court
2. how to prove the dowry case and cruelty done. the banquet hall, hotel, food caterer al ready to give statement. but, some time a genuine case is ignored due to lot of false case
3. how compensation is decided and what shall we expect and keep in demand to get justice
4. a special request to tell landmark or important judgement we can take help for compensation and dowry case
5. is witness of dowry helpful. how written statement is court is valid.
Asked 2 months ago in Family Law
Religion: Hindu

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8 Answers

file police complaint under section 406 of IPC for failure to return the stridhan  

 

2) you must be having vide o recordings of cermony wherein Rs 2 lakhs was given 

 

3) call recordings , messages etc would help in making out tcase for dowry harassment 

 

 

4) compensation amount in Dv case is at discretion of court 

 

 

5) statement of witnesses would help you in making out a case 

 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

 Firstly you should know that for your sister Divorce will be not a better result for her future. Hence, before taking Divorce decisions, she is having the following right and claims from her husband. 

1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance for her & child, she should file a petition under section 125 CrPc.

- Her husband is under legal obligation to provide the same to her at any cost, even he is working or not. 

2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming her residential right, medical expenses etc, and also for teaching a lesson to the family members of her husband, who subjected her torture & harassment, she should file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- Your sister should lodge a written complaint against her husband & his family members, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile between them, otherwise, they will lodge an FIR against all the person, who subjected your sister cruelty. 

Your questions reply:

1. Point no.3 should be read . You can produce the proof of expenditures incurred in the marriage 

2. Hospital treatment prescriptions 

3. Compensation for domestic violence with medical expenditures 

4. Contact a lawyer 

5. You can produce the witnesses in her support who knows the cruelty done on her.                                                          

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

Hi, First your Sister need to lodge police complaint for the offence under section 498/A and there after  you can provide the documents which is required to prove your case and police  will help you to prove the case. [2] For maintenance is concerned, your sister is also earning, it is difficult to get the maintenance. However, as per latest Supreme Court Judgment both the parties need to file a Affidavit for their Assets and liabilities.  On the basis of the same, the court will grant maintenance.

Pradeep Bharathipura
Advocate, Bangalore
5233 Answers
289 Consultations

4.5 on 5.0

Dear Sir,

My answers are as follows: 

1. how to get back stree dhan back and what proof shall submitted to court

Ans: By filing criminal complaint under Section 406 of IPC which is as follows:========================================================

  1. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 2. how to prove the dowry case and cruelty done. the banquet hall, hotel, food caterer al ready to give statement. but, some time a genuine case is ignored due to lot of false case

Ans: You have to prove by way of available documentary evidence and by way of oral evidence of common friends or general public who attended the marriage ceremony.  

3. how compensation is decided and what shall we expect and keep in demand to get justice

Ans: The Court will reside the alimony on the following formula:

=========================================================

HOW TO CALCULATE ALIMONY

My answers as follows.

1)what is the max alimony I can claim from him?

Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

 

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .

 

4. a special request to tell landmark or important judgement we can take help for compensation and dowry case

Ans: There is no specific landmark judgment but you have to produce number of judgments which are similar to your case.  

5. is witness of dowry helpful. how written statement is court is valid.

Ans: You must cite the names of witnesses who knows about the paying the dowry to her husband.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6017 Answers
330 Consultations

4.8 on 5.0

1.  In the same DV case you have to seek the return of her articles which are held by them or she can file another criminal complaint before the concerned police under section 406 IPC for recovery of her articles.

2. You can produce the bills and statements of the witnesses to prove this.

3. You can ask for compensation of the amount spent by you towards the marriage expenses and also for the mental agony she suffered due to mental and physical abuses unleashed against her. 

4. You don't have to produce any judgment before court in the initial stage itself, you may produce them at the time of final argument, your advocate will take care of them at that time.

5. The witnesses should depose evidence before court properly narrating the incidences of dowry harassment

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Dear client,

1. For taking dowry money back you can make a claim for repayment of dowry money under those previous petition filed for dowry and DV.

2.Yes the statement given by the people of hotel, banquet hall, relatives, neighbours are sufficient as the proof for dowry demand or you can use some written chats, telephonic conversation or bank transaction for proofing the same. T

3.he compensation depend on the injury and damages including mental, emotional and physical injuries suffered by the victim.

4.The landmark cases are of Kamesh Panjiyar @ kamlesh Panjiyar vs. State of Bihar (2005) and Reema Aggarwal vs. Anupam and Ors. 

5. Yes witness for dowry demand is very helpful in court. Written statement is used as evidence by the court.

Thank You.

Anik Miu
Advocate, Bangalore
3099 Answers
31 Consultations

4.9 on 5.0

1. Initially you can send a legal notice for illegal possession of your sister's streedhan, which is a punishable offence under criminal law, to your sister's husband and in-laws (all who have been made respondents in the dowry case) and returning the entire streedhan. In case the respondents do not comply with your request and do not return the streedhan, then a criminal suit can be initiated. Also, you may move an interim application for recovery of streedhan in both Dowry as well DV suits. A complete list of items which form a part of streedhan with complete details, and all possible proofs of purchase like bills / payments made etc would be required.

 

2. Generally, mental and emotional cruelty is stated in the court by the aggrieved party and is put on record as verbatim. Medical records and reports of the same, more so ever in case of physical injury / harassment would add weight. Records of financial transactions and bank / account statements can be submitted for proving financial cruelty. Witnesses if any would help to strengthen your claims.

 

3. Compensation is at the discretion of the Court and the quantum is decided taking all the facts and proofs, as well as the current circumstances and financial standings of both the parties into consideration.

 

4. Judgements are relative to the particular facts of each and every specific case and can not be generalized. Multiple facts need to be closely scrutinized before citing any judgement in any particular suit.

 

5. Witnesses play a crucial role in the testimony and outcome of the case. Again, it would depend upon the validity, appropriateness and relevance of the facts shared and disclosed by them. Written statements form part and parcel of the proceedings of the case but would need to substantiated with proofs and evidence.

Indu Verma
Advocate, Chandigarh
38 Answers
4 Consultations

5.0 on 5.0

File 498 Ipc and DV case you can claim all the aforesaid

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

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