1) your sister should file 498A case against her husband for dowry harassment and continuous acts of cruelty
2) she can also file DV case and seek alternative accommodation , maintenance, protection order against husband
Dowry harassment
Respected Sir, I got my sister married to a respected family last year and agreed to their demands for dowry and marriage to ensure that my sister be happy always. My brother in law is educated and work in gulf, and was told he has family visa which later he denied. The problem started a very next day after marriage where they demanded more gold, dresses for grooms , pregnancy cost , demanding for gold and other expenses for to be born baby. Both her husband and mother in law are part of the scene. Moreover, her husband never treated or spoken to my sister with any affection. She is pregnant now and do not want to continue with him as they are always demanding and if we fail they would harass her ( abusive language). Kindly advise what should be the best for my sister.
Asked 8 years ago in Family Law
Religion: Muslim
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4 Answers
Your sister can apply for dissolution of marriage on the ground of cruelty against her husband. She can also file a case for domestic violence to claim compensation for the domestic violence suffered by her. In addition to this, a criminal complaint for dowry harassment and return of stridhan may also be filed against her husband and in-laws.
First of all if their tortures are beyond endurance of tolerable, she has to lodge a complaint with the local police for the dowry demand harassment offences and also for cruel acts done on her.
If she has decided to leave the matrimonial life for ever she can file a divorce case on the grounds of cruelty provided it is more than one year after marriage.
1. Payment of demanded Dowry is the sure way to invite disastrous for the bride since the groom who demands dowry illegally is surely a greedy person to avoided as all costs,
2. However, collect irrefutable evidence of his further dowry,pregnancy cost etc.,
3. Lodge a police complaint at the police station having jurisdiction of the residence of her husband alleging dowry harassment u/s498A of IPC. If she can not visit he said police station, she can send a complaint letter by speed post under copy to the DC/SP of he area,
4. If police does not act, file a Writ Petition before the High Court againt police inaction praying for justice,
5. File a divorce petition after one year of completion of marriage claiming refund of dowry ongwit all your Streedhan given, marriage expenses etc and also compensation/alimony,
6. Meantime, she should file an application claiming maintenance.
