yes, you can if the divorce has not been grant by the court. everything will be positive in your favor if you proved before the court
Can I file DV after 2 and half years of separation
Lived with my husband only for 25 days after marriage . I underwent physical and mental torture and they have harassed me for dowry and all my jewellery is still with them . They filed a petition against me for the marriage to be null and void. Husband is in the United States and has given Poa to his mother. I have been fighting the case for 2 and half years now . They are refusing to give back my gold jewelery and they are denying that they have it . I want to file for a Dv case now , how positive will it be for me ? And how do I get back my gold ? Pls reply
Asked 7 years ago in Family Law
Religion: Hindu
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5 Answers
1) you should have filed complaint under section 406 , read with section 498A of IPC read with section 3 of DP act against husband and in laws for continuous acts of cruelty, refusing to return streedhan
2) you can file DV case against husband and in laws as it is a continuing offence and seek maintenance, alternative accommodation from husband and in laws
If your main purpose is to get back your gold which according to you is still with them, then lodge a 420 & Theft case against them (your inlaws) who are in illegal possession of the gold ornaments, in the complaint kindly list out the gold items and its approximate value, if you have a receipt or some authentic document to substantiate the total value of the gold ornaments, it will help the police trace it out at the earliest.
Filing a D.V case against your husband and his parents now after 2 1/2 years would be futile unless you can prove that your husband and his parents are telephoning you everyday and causing mental pain and suffering, for this call records must be enclosed to establish that despite you living separately, your husband and his parents are causing mental cruelty in this manner, along with this case you can file a Dowry harassment case U/s 498A R/w 3 & 4 of D.P Act, stating clearly that your husband has utilized all the gold ornaments and are now demanding more money and gold jewellery from you and therefore they have thrown you out of their house.
Contact a very good divorce lawyer who is well versed in these matters and can help you file both these cases.
Since your husband has already filed a petition seeking the marriage to be declared Null and Void, get the papers of this case to help the advocate understand better to file the D.V & Dowry cases.
1. There is no limitation period to file a DV complaint. It may be file even after the dissolution of marriage in some cases.
2. To recover your stridhan and punish them for dowry harassment meted out to you a criminal complaint under section 498A & 406 IPC is required to be filed by you.
You can file a petition under section 27 HMA, 1956 seeking return of your articles r can give a complaint to the police under section 406 for recovery of your properties including gold jewels.
There is no bar in filing a domestic violence case even at this stage
