• Divorce procedure in case of domestic violence and dowry

Hi All,

I got married recently..but in 20 days my husband and his family were started asking about my full salary, jewellery and my papa's retirement money. My husband has slapped me 3 times and mentally tortured me continuously two days(by saying I have had physical relation with my real brother and so on which i cant even write here). So I called my papa and while coming back to my papa's home we have written the complaint in the police station. But they did not register it. Then my husband has send false notice to me that-"I used to keep doubt on him and used to fight with him and with my in-laws. So after fighting with him I left the home along with all jewellery (mangalsutra and necklace). They are still ready to do compromise with me and wants me to come back to home. So I should go there within one week " But in real I didn't bring any jewellery and I do not want to go there in sasural. I want to apply for divorce and want our jewellery and furniture which we have given them in the marriage along with marriage compensation. I don't want any alimony like property and all..etc from them. So request you to please guide me the procedure for the same.

Many Thanks.
Asked 2 years ago in Family Law from Pune, Maharashtra
Religion: Buddhist
1) file 498A case against your husband and in laws for continuous acts of cruelty 

2) also file DV case and seek return of your streedhan , protection order and compensation for mental torture undergone by you 

3) you cannot file for divorce unless period of one year has elapsed from date of marriage . it is only in exceptional circumstances can you file for divorce within period of one year from marriage 

4) since you are working you would    not be entitled to any maintenance 
Ajay Sethi
Advocate, Mumbai
45617 Answers
2680 Consultations

5.0 on 5.0

1. Divorce cannot be filed before a year from the date of marriage except if it is a case of exceptional cruelty. You can apply for divorce on the ground that the conduct of your husband has inflicted exceptional cruelty on you.

2. To get back your stridhan you are required to file a criminal complaint for dowry harassment and return of stridhan against your husband and in-laws. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, without completion of one year you are not able to file a petition for divorce, so you have to wait at least one year.

2. So after completion of one year, your husband agreed for divorce then both of you can file a petition for divorce by way of mutual consent.

3. Suppose if your husband does't agree for mutual consent divorce then you have to file a petition for divorce on the ground of cruelty.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

You have stated that  you got married very recently hence it will be too early to file a divorce case.  Divorce case cannot be filed within one year from the date of marriage, you may have to wait for at least one year completion.
Since your husband has sent a legal notice to return to the matrimonial home, you return immediately, and after that collect all your jewels and other ornaments, call your father or other close relatives and send them through them and then ask your husband to pack your all other streedhan lying in that house, once done, you may also leave the house permanently as per your wish
T Kalaiselvan
Advocate, Vellore
35807 Answers
390 Consultations

5.0 on 5.0

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