• Can CrPC 125 and DV appeal be done simultaneously

My niece is married with an engineer in February 2014 after communications of both families for around two years since 2012. After marriage the groom and in-laws had started to torture my niece in various way to bring sufficient dowry. My niece had requested to her husband for respect and stoppage of ill-treatments. In April 2014 the groom sent my niece to her parents’ home with a promise of coming to resolve the issue and take her back. But he did not and fooled my nice with his bluff promises till the July 2015. . In August , 2015 my brother, his wife and my niece went to my niece’s matrimonial home (in  Hyderabad) to reconcile the issue but the groom and her parents left the place and told the guards not to entertain his wife and his family members. Afterwards he is not in touch with my niece or any of my brother’s family.  The groom told my niece that he would not live with her and asked her for divorce. The groom is a mama’s boy the mama (the mother) and the sister had openly said that if my niece would not serve them like a maid and bring the dowry then they remarry the groom with thousands of other girls. The groom is earning more than a lakh.  The father of the groom is a retired central Govt. employee. The parental home of the groom is in Midnapore.
My niece wanted to keep the married life. She  resigned from her work in a Pvt. Co. just before the marriage and it is now difficult to maintain herself as my brother was working in a Pvt. Firm and after retirement still is working in another company to meet his two ends need. My niece has neither approached to legal options nor police for justice yet.
Is it possible to appeal both the Cr 125 and DV case simultaneously to seek maintenance and Right to Residence with husband with protection? Is it too late to apply for DV and/or 498a? Would it be prper also to file RCR alongside?
What my niece can do now to get back her marital life? Please suggest.
BR
Asked 1 year ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1) your niece should file DV case and seek right to stay in matrimonial home , maintenance , protection order against her husband and in laws 

2) DV is a continuing offence and can be filed even now 

3) your neice can  also filed 498A case against husband and in laws 

4) no need to file application under section  125 
CRPC 

5) she can also file RCR if she so desires . Even if she obtains decree of RCR she cannot force her husband to stay with her 
Ajay Sethi
Advocate, Mumbai
23177 Answers
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Hello,
1) Your niece can certainly file for RCR as she wants to resume her marriage which is within her rights.

2) Domestic violence is an ongoing offence and therefore there is no time bar about filing a petition under provisions of THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 . She can certainly seek residence either shared or separate and protection.

3) It is not too late either to file a petition under 498A IPC either. However if your niece is interested in continuing with her marriage it would be advisable to file for RCR first and file for maintenance at the same time until disposal of the RCR.

 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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1. No. it is not at all late for taking action against her husband and his family members,

2. Let her send a complaint letter of dowry harassment u/s498A by speed post to the police station having jurisdiction of the area where her husband stays at Hyderabad under copy to the S.P. of that place,

3.She can now file a DV case in Kolkata praying for maintenance and residential right from her husband,

4. Further petition u/s15 will not be required,

5. There is no need of RCR case since Court can not force the groom to live a happy family life. Court can punish him for his wrong doings,

6. If you feel that it is a bad marriage accept their proposal for mutual consent divorce. if any, after collecting substantial amount towards compensation.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
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It is never too late to file all the case you have on the cards. She is entitled to file a maintenance case under section 125 crpc. she can seek  maintenance in the DV case too besides right to residence and protection.  She can  lodge a complaint under section 498a and 3 and 4 of DPact too.  she can lodge a complaint under section 406 IPC too and  also she can file a RCR case.
Discuss with your lawyer and proceed. 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
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She can file both 125 CrPC and DV case simultaneously to get financial support and residence in the house of her husband along with her protection. DV and 498A can be filed at anytime during the marriage. She may also file for RCR if she intends to obligate her husband to resume performing his marital duties.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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