• Divorce and husband's property

I have been married since 6 months. My in laws had demanded 1 lakh dowry during my wedding alongwith some household things.After marriage, my husband and in laws started asking for my wedding jewellery that I got from my parents (I have not handed over the jeweller to them yet). However, I do not have any proof of this since all the communications were verbal. I am a working woman but they expect me to do household chores also, which due to my work priorities, i usually am unable to do.  My parents have been mistreated and categorically told that how they have failed to bring me up for an ideal bahu. They cannot enter my marital home due to this mistreatment. I have to suffer verbal abuses all the time. Is this a good enough case for filing for divorce? Can I ask for returning the 1 lakh rupees that i paid during the wedding. As most of the household expenses are being taken care by me (however, i do not maintain a bill), can I claim reimbursements? Do I have any right on my husband's property?
Asked 2 years ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1) you cant file for divorce before expiry of one year of your marriage except in exceptional circumstances . 

2) in your case only 6 months have passed since your marriage . better visit a marriage counsellor along with your husband to resolve your marital disputes . 

3) you have only right to stay in matrimonial home . you have no ownership rights on your husband property . 

4) you can  file dowry harassment case if your in laws had demanded dowry of Rs 1 lakh and household items . 

5) since both husband and wife are working the expenses for running household should be borne by both husband and wife . 

6) you cant see reimbursements of money spent in running household from your husband . you spent money out of your own free will
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. It appears that the outlooks of you and your husband's family mismathes,

2. You can teach your husband and his family a very good lesson by filing complaint u/s498A of IPC, complaint under DV Act etc,

3. You also can file a divorce petition after one year of marriage which 6 months away,

4. For the next six months do not react and secretly keep collecting evidence of their torture, collection of dowry and demand for the jewelry,

5. These evidence could be audio/vedio  recording, test message, SMSs, emails, letters etc,

6. Act as suggested above after completion of another six months.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
A. at present it is not a fit case for filing divorce petition in court.

B.  yes, u can  ask for returning  1 lakh rupees  paid during the wedding. 

C.no, u cannot claim reimbursements.

D. no, u do not have any right on ur husband property.

E. you can  file dowry harassment case against your in laws for demanding dowry of Rs 1 lakh and household items.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Don't jump into decision wait and see what happens just don't mind and reply to whatever they say. Adjustments are needed try to keep husband on your side always by any attics. Deal all with tactics then all problems will be solved.you will get the dowry but you won't get share in the property and maintainence since you are working.be there with mum ears.try to help in chores.gradually if all these doesn't work go for divorce
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
No divorce can be filed before completion of one year of marriage.However, you can file case under DV Act  claiming compensation for harassment/abuses,right of residence,protection order etc.Collect as much evidence as you can for jewellery, dowry demand etc.After completion of one year file divorce on the grounds of cruelty.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Dear Querist
yes, you can claim the money and your Istridhan, from them if they are no ready to return and you are also willing to fight the cases before the court then you may file a criminal complaint against them before CAW Cell/Women Cell and the Police may registered the case against them u/s 498A/406 of IPC
you may file a criminal complaint under section 12 of Domestic Violence act, 2005 before magistrate court and claim the releif as child custody, if any, right to residence, compensation.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. I would have advised filing for divorce, notwithstanding that the marriage is not a year old, in the event that you had some proof of the domestic abuse you have suffered at the hands of your husband and parents-in-law. However, as per your own submission, you do not have any proof yet. So it will not be wise to file for divorce yet. For the next 6 months you should collect proof of the domestic abuse in the form of audio/video recordings so that you have sufficient ammunition when you go to court for divorce. After the marriage attains a year, and the conduct of your husband does not change, you may file for divorce on the basis of the proof collected by you. 

2. The jewellery that you brought from your parental house at the time of your marriage is your exclusive property. Your husband or in-laws cannot keep it in their custody.

3. You can file a case for dowry harassment in court against your husband and in-laws which can result in them being prosecuted and punished with an imprisonment of up to 3 years. 

4. You may also file a case for domestic violence against your in-laws and husband to seek a restraint order against them. This restraint order once issued will restrain them from subjecting you to domestic violence again. Furthermore, you may seek compensation for the abuse suffered by you so far. In addition thereto, you may also seek maintenance from your husband. 

5. Under the existing law you have no right on property of your husband. However, this may undergo a change if a new law proposing to give to wife 50% share in the property of her husband is passed by the Parliament. 

6. You can ask for return of 1 lakh rupees that you spent on the wedding.

7. You cannot seek reimbursement of the amount you spent towards household expenses as this was done by you from your own free volition.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) marriage is about constant compromises . when both husband and wife are working both should share household expenses equally . 

2) your husband cannot throw you out of your matrimonial home . law gives you right to stay in matrimonial home or seek alternative accommodation under DV Act 

3) thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
as both of are earning no question of maintenances arise as it is only for a wife who is unable to maintain herself. secondly husband can not throw as you got right to stay in matrimonial house. for divorce you have to wait another six months
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1. Law states that wife has no right on the property of her husband during her lifetime,

2. Wife can file a maintenance suit. She can also ask for residential right under DV Act and also protection. So, husbands can no longer throw wives out of the matrimonial house,

3. However, since you have already decided to file a dovorce petition after 6 months, staying seperated from  him is not an issue any  longer to you..
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Since you are working you won't get maintainence
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
ur husband cannot throw u out of matrimonial house.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. You cannot be thrown out of the matrimonial house under any circumstances even under the existing law. If any attempt is made by him to throw you out you can repel it by seeking a restraint and protection order from the court against him. It is impermissible for the husband to throw his wife out of the matrimonial house even if divorce proceedings are going on between the two.

2. The law proposing to give 50% share to the wife in property of her husband under some circumstances is on the anvil  The bill which has been passed by the Rajya Sabha is stuck in Lok Sabha.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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