• DV case filed FIR

The family got their impotent son married by hiding the fact in Jan 24
in sept 24 the matter was brought to the girls parents notice by the girl.
On questioning the boy started maltreating and kept the girl under constant watch by his members of his family and asking her to sleep in separate room
The girl came back to her parents home in may 25 and boy asked for divorce in June 25
Initially both sides agreed to settle amicably and boys family agreed to return all the girls belongings and jewelery 
In November 25 when girl reached boys house boys family forced girl out of the house and refused to return even her college certificate her jewelry the key of her bank locker which was in her name individually 
For last one year in front of court appointed mediation he keeps saying he will return all the items but when list of items are asked he refuses and says he spent large amount for wedding and he wants girl to pay back out of her jewelry 
He is not also agreeing to give alimony for the cheating false representation and torture of more than 6 months after his True condition was revealed 
What remedy do we have
Asked 2 months ago in Family Law
Religion: Hindu

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12 Answers

Under Section 12(1)(a) of the Hindu Marriage Act, 1955, a marriage is voidable and can be annulled if it remains unconsummated due to the respondent's impotency. Furthermore, under the principle of fraudulent misrepresentation, hiding such a condition at the time of marriage is a legally recognized form of mental cruelty. 

2)you can  seek alimony from husband .the husband claim that he spent lot of money on marriage and hence should be paid out of girl jewellery is not maintainable 


3) Section 316 of BNS / Section 406 of IPC): Retaining her Stridhan, college certificates, and individual bank locker keys against her will is a criminal offense. The family can file an FIR or a private criminal complaint. : If convicted, the perpetrators can face imprisonment for up to 3 years, a fine, or both

 

Ajay Sethi
Advocate, Mumbai
100733 Answers
8234 Consultations

Since you have already approached court for solution including divorce as well as return of her articles and also maintenance amount, you may have to follow it up scrupulously. 

Under Indian law, she has significant remedies to recover her belongings and hold them accountable for the fraud and cruelty.

The husband has no legal right to withhold her jewelry, bank keys, or college certificates. In India, a woman's Stridhan (gifts, jewelry, and property given to her before, during, or after marriage) belongs exclusively to her.

Section 14 of the Hindu Succession Act / Civil Suit: Affirms her absolute ownership over her Stridhan.

Retaining her Stridhan and vital legal/educational documents against her will constitutes a criminal offense. Filing a police complaint or an application before the court under section Section 316 of the Bharatiya Nyaya Sanhita / BNS for the immediate release of her certificates and jewelry is highly effective.

The behavior described hiding a major physical condition, isolating her, putting her under surveillance, forcing her to sleep separately, and locking her out of the house amounts to intense mental and emotional cruelty.

She can file a case under the DV Act to claim multiple urgent reliefs (under Domestic Violence Act (PWDVA, 2005) for Residence Orders to secure access to her personal belongings and locker keys, for Monetary Relief / Maintenance for her daily sustenance and legal expenses and for Compensation towards specific  damages for the emotional torture and mental agony she endured.

Given that the husband has been dragging out court-appointed mediation for a year without genuine intent, your legal counsel should consider the following strategy she may inform the court or the mediator that the husband is using the platform as a stalling tactic and refusing to cooperate in good faith. Request the court to close mediation and move the matter to active litigation, request the court to direct the husband to immediately deposit her college certificates and locker keys into the custody of the court, prepare a list of all her items including stridhan and submit it before court for relief and remedy. 

T Kalaiselvan
Advocate, Vellore
90941 Answers
2525 Consultations

On the facts stated, the wife may have both civil and criminal remedies. If impotence or inability to consummate the marriage was knowingly concealed before marriage, she may explore proceedings for annulment of marriage on the ground of fraud or material concealment, subject to the evidence available. The retention of her jewellery, certificates, bank-locker key, and other belongings may constitute unlawful withholding of her Stridhan, for which she can seek recovery through criminal proceedings and appropriate relief under the Protection of Women from Domestic Violence Act, 2005. In the DV case, she may seek return of Stridhan, compensation for mental cruelty, residence-related reliefs, and monetary reliefs. If an FIR has already been lodged, she should provide a detailed inventory of all retained articles and supporting documents. The husband cannot legally insist on deducting alleged wedding expenses from her jewellery. If mediation has failed despite repeated assurances, she may request the court to proceed with adjudication and seek appropriate interim and final reliefs, including maintenance or permanent alimony, depending upon the parties' financial circumstances and the evidence produced.

Lalit Saxena
Advocate, Sonbhadra
340 Answers

If there is court order you can file contempt of court. They will return it

Prashant Nayak
Advocate, Mumbai
35192 Answers
257 Consultations

Interim orders will taje around 6 months to year 

 

2) disposal of DV case takes  6 years or so in Bombay 

 

3) there is no automatic arrest in DV cases 

 

4) file criminal cases as advised herein above 

Ajay Sethi
Advocate, Mumbai
100733 Answers
8234 Consultations

Yes court will first issue distress warrant and then NBW of arrest. 

Prashant Nayak
Advocate, Mumbai
35192 Answers
257 Consultations

After mediation fails the case will be reverted for regular hearings.

The time taken by court for disposal cannot be predicted owing to various factors.

You may have to follow the court proceedings for all the reliefs you are looking for as per procedures of law.

T Kalaiselvan
Advocate, Vellore
90941 Answers
2525 Consultations

- As per law, the boy /husband is legally bound to return the dowry items to the wife ,otherwise a complaint can be filed to the police and even Court for lodging an FIR 

- Further, all the ornaments are stridhan of the wife, because section 27 of the Hindu Marriage Act, makes a female Hindu an absolute owner of Stridhan and gift received at the time of marriage. If her husband or any other member of his family who are in possession of such property, dishonestly misappropriate or refuse to return the same, they may be liable to punishment for the offence of criminal breach of trust under sections 405 and 406 IPC.

- Hence , you can a complaint to the women cell to lodge an FIR

- Further, as the boy hides his problem of impotency then it can be a ground for divorce and also an FIR can be lodged for the offence of cheating and breach of trust. 

 

- You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
16034 Answers
244 Consultations

Dear Client, You have strong legal grounds to initiate criminal proceedings against your husband and his family the initial deception regarding his physical condition an impotency amounts to fraud and cheating which can be prosecuted under the relevant provisions of the Bharatiya Naya Sahita 2023 furthermore the maltreatment forced confinement and physical expulsion from the matrimonial home constitute cruelty and harassment providing a strong basis to file a FIR under Section 85 of BNS with regard to cruelty by husband or as relatives the refusal to return your personal belongings including your jewelery bank locker keys and academic certificates is a criminal act of criminal breach of trust and misappropriation of property which should be explicitly detailed in your complaint to the police.

Moreover as you stated that the mediation process has failed due to his bad faith you should immediately file a petition under the Protection of Women from Domestic Violence Act 2005 this civil framework is highly effective as it allows a magistrate to issue immediate effective orders for the recovery of your Stridhan and can grant you monetary relief for the trauma faced by you and the financial loss suffered unlike the mediation process a magistrate’s order is legally binding and enforceable meaning the court can take punitive measures against his family if they continue to withhold your assets or refuse to cooperate with the Courts Directive.

Finally, regarding the divorce you should file a petition for a degree of nullity on the grounds of fraud and non -consummation of marriage because your consent was obtained through the concealment of material fact that is his impotency the marriage is voidable. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou

Anik Miu
Advocate, Bangalore
11396 Answers
126 Consultations

Dear Sir/Madam,

If mediation fails, the matter will go back to court and you should press for interim orders immediately.

File/continue proceedings for return of stridhan, locker key, certificates, maintenance, compensation and divorce/annulment on the ground of concealment/non-consummation.

If they deny having jewellery, prove it through bills, photos, wedding videos, witnesses and the admitted mediation record. Court can direct return or value from the persons proved to have retained it.

Police arrest is not automatic merely because DV/FIR is filed. Do not delay; pursue the criminal case and family court/DV case simultaneously.

Advocate Saurabh Agrawal

Saurabh Agrawal
Advocate, Greater Noida
249 Answers

Based on the facts stated by you, the girl appears to have multiple remedies under both civil and criminal law. If it can be established that the husband and his family knowingly concealed a material fact relating to impotence before marriage and the marriage was induced on the basis of misrepresentation, the wife may have grounds to seek annulment of marriage or divorce depending upon the facts, evidence, and relief sought. The allegations of concealment, subsequent cruelty, forced separation, refusal to return stridhan, and continued harassment are all matters that can be placed before the appropriate court.

As regards the jewellery, certificates, bank locker key, and other belongings, these items constitute the wife's property and cannot be lawfully retained by the husband or his family. If the items are acknowledged during mediation and yet not returned, that fact may strengthen the wife's case. Even if the husband subsequently claims that he does not possess the jewellery or articles, the court can examine the evidence and pass appropriate orders regarding return of stridhan or payment of its equivalent value if wrongful retention is proved.

Regarding alimony and compensation, there is no automatic formula. The court will consider factors such as the conduct of the parties, duration of marriage, income, assets, earning capacity, and other circumstances. If the husband has independent assets or income, maintenance and permanent alimony can be awarded accordingly. Ordinarily, the parents of the husband are not personally liable to pay alimony merely because they are his parents. However, if specific assets or jewellery belonging to the wife are found to be in their possession, appropriate orders may be passed against the persons retaining such property.

If mediation fails, the matter will proceed before the competent court. The timeline varies significantly from court to court. Interim applications relating to maintenance, residence rights, return of articles, and protection orders can often be decided earlier than the final case. The final adjudication of matrimonial disputes may take considerable time depending on evidence, witnesses, and pendency of cases in the concerned court.

With regard to the Domestic Violence proceedings, the court has power to grant interim reliefs, including protection orders, residence orders, monetary reliefs, return of stridhan, and compensation. If an FIR has also been registered for cognizable offences, the police are empowered to investigate the allegations. However, registration of an FIR does not automatically mean that arrests will necessarily take place. The police are required to follow the applicable legal guidelines, assess the evidence, and proceed in accordance with law.

The concern regarding remarriage prospects is understandable, but it should not compel the wife to accept an unfair settlement. A legally sustainable resolution that secures her rights, dignity, and financial interests is generally preferable to a hurried compromise that leaves important issues unresolved.

If the allegations regarding impotence, concealment, cruelty, wrongful retention of jewellery, and coercive conduct can be substantiated through documents, messages, witnesses, medical evidence, mediation records, or other material, the wife appears to have substantial remedies available both in the matrimonial proceedings and in the proceedings relating to domestic violence and criminal complaints. The immediate focus should be on preserving all evidence, obtaining detailed inventories of the jewellery and belongings, and pursuing appropriate interim reliefs while the main proceedings continue.

Yuganshu Sharma
Advocate, Delhi
1526 Answers
5 Consultations

Arrest is not possible in these matters, but the court may grant divorce based on cruelty and impotency if proved before the court in divorce proceedings. In DV case the maintenance, protection, return of Stridhan, right to residence and compensation can be claim.

Nadeem Qureshi
Advocate, New Delhi
6377 Answers
302 Consultations

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