I have been married for 6 years and have a two year old son.I live in Australia.My in laws asking for dowry in a subtle way and indirectly belittling me.It taking a toll on my emotional health and husband is not emotionally or physically attached to me.Please give me advice how to proceed ,likedo I have to fileacomplaint or how to proceed further because this abuse has to stop.
Asked in Family Law from Anthiyur, Tamil Nadu
1) you are staying separately from your in laws abroad
2) record all verbal abuses
3) visit a family counsellor with your husband to save your marriage
4) dont pay any dowry
5) if you are harassed for dowry file police complaint in Australia against husband and in laws
Well, it is noit clear whether you want to proceed with this marriage or not.
If you want keep this marriage then you have to make compromise, ignore such demands and talk to your husband so your in laws may not repeat such demands.
Else you can file case of tortures and dowry harassment in India as well in Australi . In either case such action is likely to ruin your marriage.
So take decision judiciously.
Thanktou for the advice.I understand what you are saying but the subtle abuse is also from my husband.I feel like a third person all the time.If I am filing for divorce then what will be the circumstances for me and my son.what should I do?.He and my son is an Australian citizen.How long will it take for the process?
Asked 6 months ago
1) file for divorce in Australia only
2) contact a local lawyer in Australia
3)seek custody of your son
4) local lawyer in Australia will be able to guide you as to time taken for obtaining divorce in australia
you can file divorce in india but if husband contests the divorce proceedings it would take around 5 years to obtain divorce
1. You can file a criminal complaint for dowry harassment against your in-laws under section 498A IPC. If your husband is also a party to criminal conspiracy the he can also be named as an accused in the FIR.
2. Since harassing the wife for dowry is mental cruelty this is a ground on which you may apply for dissolution of marriage.
3. The process will take time to conclude.
There are ways and legal steps to curb this menace but any step taken by you in this regard may be detrimental to your own marital life, it may even affect the future and welfare of your child.
However that does not mean that you will take everything lying low.
You can stand up and revolt.
Do you want to take action against your in laws alone or including your husband has to be decided.
The dowry demand has to stopped at one stage if not this will stretch many years with more and more problems every day.
You can discuss with your family members about initiating legal action against your in laws because the consequent developments may force you to take refuge with your parents, so they have to be involved in all these.
You can lodge a criminal complaint against your parents in law in the jurisdictional police station for dowry demand and harassments thereon.
If you want to include your husband also in your complaint you can very well do so but think twice before rushing up for legal solutions.
If you have decided to apply for divorce, and if you are living in Australia with him now, you can very well apply for divorce in Australia too.
It is not necessary that you have to fly to India to file divorce case against him.
In fact the divorce in Australia will fetch you more benefits in the form of post nuptial agreements with regard to alimony, property sharing and child maintenance etc.
It will be easy for you to avail these benefits in that soil because the laws there are very stringent compared to Indian laws in this regard.