I am a businessman from panipat.i have been following your site for the last 15-20 days but could not question you.yesterday i found a case of a girl whose husband died after one month of marriage.i have a similar case.
my daughter who was married at lucknow also faced a similar situation 3 months back as her husband died in an accident after 20 days of marriage, and she was soon after disowned by her in laws .we have been running from here and there but our case has not been registered yet,as they are having political links there.now we are planning to move to court.kindly guide us what we can do best and also please guide us wheather court will take action and how much time will it take for the court to direct the police to take action.i am also worried if after the f.i.r. also any action will be taken against them because it will be the same police who are not listening to us for the last 3 months.
i have a few questions for which i want your kind opinion.
1. in these type of cases how much time it generally takes for the case to end.
2. during the trial can i marry my daughter or we have to wait for the trial to end.
3. if yes would it affect the case in any way.
4. we dont have any details of their property and wealth.will we be able to get the details of property through court.
5. will we have to file another case of recovery of our articles.
6. can we also put a case of domestic violence and dowry.
7.will the court direct the police to file the case of dowry as her husband had died so early.
please guide me as i am very much disturbed,and frankly speaking i have never been to the court,but now i am fully prepared to do so as they have behaved and treated my daughter as animal by beating,abusing and holding her responsible for all the events that took place in her life.i want to prove that daughters are our pride and not burden.
it should be a lesson for all in- laws who ill treat our daughters.kindly help me in this war of justice and pray for me.
waiting for your kind and valuable advice at the earliest.i will be obliged.
Asked in Criminal Law from Panipat, Haryana
MR.RAJKUMAR FOLLOWED MY E MAIL YESTERDAY AND APPROACHED ME.THESE QUESTIONS HAVE BEEN ASKED BY US JOINTLY AND YOU CAN KINDLY RESPOND AT MY I.D.HIS PROBLEM HAS BEEN PUT UP AS HE NARRATED TO ME.
Asked 3 years ago
answer is simple your daughter has rights in husband's property and assets if possible get information through relatives etc about properties and assets.services of detectives could also be availed of for this purposes.
she can file case incourt for streedhan compensation for harassment beatings etc right of residence etc undr DV Act. No need to go to police.for details and legal help if you wish may call and discuss.
Advocate, New Delhi
We need more and more people like you in the Indian society who value daughters as their pride and not despise them as burden.
1. Since police has filed to take any legal action against the in-laws of your daughter in spite of a complaint having been filed to it, you may now move the High Court for the prosecution of your daughter's in-laws.
2. They are liable to be prosecuted for dowry if they have harassed her in relation to dowry. Your daughter can certainly file a case for domestic violence since the violence meted out to her within the four corners of the house amounts to 'domestic violence'.
3. Your daughter can marry at any time since she is now a widow.
4. If there is any ancestral property of her husband then your daughter has an equal share therein which she can cull out through the process of court.
You have remedy to file a criminal complaint against the In Laws under Section 200 Crpc and still another remedy by way of writ petition under Section 482 Crpc before High Court.. File a case in Local court for return of Stree Dhan, as well as complain to Women Cell for alleged torture meeted to your daughter in the hands of In laws. Your daughter have equal share in husband properties , first locate where the property lies and then file a civil suit for a share in that property.Your daughter is free to marry any one during the pendency of Trial.
you can file case under DV act & ask all relifs your daughter will get share in husband property. she can mary any time
Advocate, Greater Noida