• Dowry harassment

I married my daughter who is working in govt.bank to dentist three months back.she got married in nov.2015.they keep on harassing her.i  have given t.v,washing machine and other household items as istridhan to my daughter.in the month of jan.2016 her-mother-in-law asked her to bring cash from her father for iinstalation charges of washing machine.she said as she is earning and she will not bring cash from her father.she gave them the cash from her own but her mother-in-law said that as she is married and her all earnings now belongs to them and her father-in-law insisted on bringing cash from her father.they kept on harassing her and in the evening she informed me.i visited their house in the night and resisted but they said being boy side they have right to demand and also said that marriage was not up to the mark and they incurred rs. 80 lacs in the marriage of thier own daughter 6 years back and still incurring petty expenses of repair/renovation of her house.i tried to know the factual position and conveyed to my daughter on phone that it is not true which they have recorded and alleging that we are interferring in thier domestic affairs and sent back my daughter to stay with her parents and not allowing her to enter thier house as house is in the name of her mother -in-law and my son-in-law is also with his parents for not allowing without thier permission and also to give in writing that they have not demanded any thing.please advice what to do.
Asked 9 months ago in Family Law from jalandher, Punjab
Religion: Hindu
1) your daughter file complaint under section 498A against husband and in laws for dowry harassment 

2)daughter should  also file Dv case and seek protection order against husband and in laws 

3) since your daughter is working she wont get any maintenance from husband . 

4) since house is in name of MIL your daughter cannot claim any rights  in said house 
Ajay Sethi
Advocate, Mumbai
23364 Answers
1222 Consultations
5.0 on 5.0
If your daughter has decided to call quits then she can file divorce on the ground of cruelty. She also has the right to launch the criminal prosecution of her husband and in-laws for dowry harassment. If she wants to continue the marriage then she may file a domestic violence case in the court to seek protection from domestic violence, alternate accommodation at her husband's expenditure and also compensation for the domestic violence she has suffered this far. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) you can file complaint under section 498A within  jurisdiction of  local police station wherein your daughter was harassed for dowry 

2) no time limit for filing the complaint 

3) file  domestic violence complaint before Magistrate and seek protection order against harassment by husband and in laws 

4) phone recordings are admissible in evidence 
Ajay Sethi
Advocate, Mumbai
23364 Answers
1222 Consultations
5.0 on 5.0
Hello,
1) There is no time limit about your filing a complaint under section 498A against the husband and in laws as the offence occurred recently. And besides you should not delay in the filing of the complaint. This can lead to the arrest of the husband and the in laws.

2) Secondly a complaint can be filed under provisions of Protection of Women Against Domestic Violence Act 2005 and your daughter can seek compensation for all the sufferings that she underwent,separate residence, protection etc. 

3) Protection order is an order that the Magistrate will pass in favour of the aggrieved person(complainant). Let me quote the section 18 for your benefit "18. Protection orders.—The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from—
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;
(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;
(g) committing any other act as specified in the protection order."
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
This type of cruel mother in law only spoil the peaceful married life their wards.  
Her parents in law may be give a strict warning that if they still insist her to give her salary come t them and repeatedly ask for money from her to be brought through her parents, they can be booked under dowry prohibition act. 
If they still do not realise, teach them a lesson by lodging a criminal complaint against them before the jurisdictional police for cruelties and dowry demand harassment.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
please advice time limit for filing comlaint under 498a and what is protection order and implications of  phone recording with them

She can lodge a criminal complaint after three months also stating that owing to the mental pressure she could not make the complaint immediately.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23364 Answers
1222 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0