working women won't get justice under dowry harassment ??
3 years ago
Its been one and half year of marriage. Its arrange marriage. At the time of marriage our family fulfilled all demands of husband family like gold , silver ,cloth , lavish wedding arrangements etc
After marriage I got to know about my husband is having affair with lady. Though I advised him many times he is not ready to leave that lady. And my In-laws support this behaviour. My in-laws are complete money minded they don't have any moral ethics.
Since from December 2019 me and husband were living together in separate house apart from in-laws house. I invested money to set up house hold items..
When I questioned about my husband affair multiple times we went and sat with their parents. When I went to their house to bring him back My in-laws went to police station gave complaint against me but it turned against them in October 2020.
Now my husband left me and he is not ready come back. He is not even ready to talk to me..
We attended counseling in vanitha sahavani but husband is not convinced to come back.
But he himself sent notice through lawyer to stay together and he himself is denying to live together stating he is facing mental torture from me and he has financial problems.
I went to police station done NCR there also my husband came with advocate and gave his statement like he will solve this in family court. But he is just escaping from situation.
I made lot of effort to bring him back I failed.
After facing all these mental torture loosing self respect am decided to file for mutual divorce.
My husband earning 70k per month and his entire salary is going for housing and personal loan.
Based on this situation he can deny from giving alimony at the time of divorce?
Since am also working I will not entitled for alimony?
Suppose if I don't look any alimony and only need peacefull separation in turn he can file any case against me to get money from me. (Because am working)??
He will not be punishable for his extra marital affair?
He will not punishable for spoiling my life with intention of dowry?
DIYAVARHUSSAIN SHAIK
Responded 3 years ago
As per your inputs,
incase if your husband is having this extra marital affair with that lady prior to your marriage then it amounts to cheating, taking all dowry, gold jewellary, silver and other household furnitures from you under the influence of marriage and a happy marital life, instead after receiving all this from your side he turned up to that lady again further your in-laws are also supporting his nature, so they also a part of cheating as they hide his extramarital relation before the marriage to obtain dowry, othe valuables from you in a fraudulent manner.
so follow this steps:
1) As you said you are earning person you cant claim maintenance but you can claim you paid dowry, all the sthridhana given at the time of marriage
2) file a cheating case against your husband, in-laws for suppressing the fact of his extra marital life and fraudulently performed your marriage
3) Once the issues resolved then you file for Mutual Divorce from him in the court of law
Advocate Niyas Fazal A
Responded 3 years ago
You will entitled to get alimony.
If you are ready to mutual divorce you can file mutual divorce petition and if you do not ask for alimony, It will not be against you.
In case of adultery wife cannot prosecute here husband it is gender inequality that's why section 497 was abolished.
In case dowry you can prosecute him
Jagannath S Pawar
Responded 3 years ago
Tanya Shruti
Responded 3 years ago
As per legal aspects you can ask for alimony and marriage expenses whether u are working or a housewife in mutual consent divorce case. If he agrees for it the u can proceed with it.
Secondly if you want him to resume back to matrimonial life you can file RCR (restitution of conjugal rights) asking court to direct him to resume back.
Thirdly if the in laws or your husband has harassed you for dowry then u can file a dowry harassment case in them.
Fourthly, adultery is not a crime it is only a ground for divorce in which you can ask for alimony and marriage expenses but totally depends on court how much they will grant you, try to give evidences on this.
And last you husband has no ground to file any monetary case as he is also working.
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You can file a case for dowry harassment if you need to, you may be allowed to recover some of the things given to your husband's family.
While adultery is not a crime anymore, it is still a ground for divorce and you can use it to get a Court order in your favour. You are still entitled to alimony, irrespective of your husband's other hardships. You can claim interim maintenance under S.125 CrPC while the divorce proceedings are going on.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can also opt for a divorce on the grounds of his adultery. You are still entitled to alimony, the amount will be determined on the standard of living you are used to. Over the course of the proceedings, you can file for interim maintenance under S.125 CrPC.
You can opt for restitution of conjugal rights, where a Court will order that your husband meet you.
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Working women will get justice at par with house wives and unemployed wives. If Trial Courts not giving any relief then you may approach High Court and get instant justice.
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