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Marriage divorce
2 years ago
My sister got married and she has a baby boy. We were forced to give dowry of 13Lac . After that she started drinking everyday and torturing my sister. Recently my sister was infected with corona and my brother in law refused to take her to hospital since they charge more. I was fed up and got my sister to my sister and now she is doing good. So she has decided to divorce him. Now we just want to know if we divorce him we will atleast get our wort back??
Vaidehi Samant
Responded 2 years ago
A.You will have to fight out your claim and in the Court stating appropriate reasons for claiming the amount as alimony, ideally from what you stated your sister's case comes under domestic violence causing mental cruelty, hence I would suggest you to file case for domestic violence along with that of divorce in the Family Court itself. But on the other hand please note that such matters take a long time to settle hence I would suggest you to negotiate with your brother in law regarding claiming back dowry amount and if in case your brother in law agrees to pay off even 80-90% amount of dowry peacefully than go for mutual consent divorce and end the matter.
If you found this advice helpful then please provide review and give *****. Thank you.
If you found this advice helpful then please provide review and give *****. Thank you.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.If cant protect her life then he is good for nothing.
File 498A with Dowry Act.
File DV case claiming maintenance, right of residence, and compensation.
File 498A with Dowry Act.
File DV case claiming maintenance, right of residence, and compensation.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You should file for divorce on grounds of cruelty, as well as criminal charges relating to dowry demand, as dowry demand is a crime. You have the option of asking for your money back while filing for alimony. Consult a lawyer who can provide you with additional laws after analyzing your detailed facts and proofs.
If you find this answer helpful, please rate my answer. Thank You.
You should file for divorce on grounds of cruelty, as well as criminal charges relating to dowry demand, as dowry demand is a crime. You have the option of asking for your money back while filing for alimony. Consult a lawyer who can provide you with additional laws after analyzing your detailed facts and proofs.
If you find this answer helpful, please rate my answer. Thank You.
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A.Hi,
Yes, cruelty and desertion are valid grounds for divorce in this case. Under the Dowry Prohibition Act, you should also accuse your sister's husband of a crime. You have the right to get your money back, as well as the money for your sister and her child, in the case of maintenance and alimony.
If you find this answer helpful, please rate my answer. Thank You.
Yes, cruelty and desertion are valid grounds for divorce in this case. Under the Dowry Prohibition Act, you should also accuse your sister's husband of a crime. You have the right to get your money back, as well as the money for your sister and her child, in the case of maintenance and alimony.
If you find this answer helpful, please rate my answer. Thank You.
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A.Dear Sir
On the grounds of desertion and negligence she may claim divorce but before that try to convince him to change his attitude towards his wife.
On the grounds of desertion and negligence she may claim divorce but before that try to convince him to change his attitude towards his wife.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.On the ground of torture and cruelty,your sister can file Matrimonial Suit for Divorce after one year separation and separate application for maintenance for herself and the baby boy. It is necessary on the part of your sister immediately to lodge FIR under Section 498A IPC against the husband before the local police Station as well as immediate legal notice to your sister's husband for return of all the Stridhan of your sister including that Dowry amount of Rs 13 Lakh within 30 days from the date of receipt of such Notice failing which proceedings under Section 406 of IPC requires to be instituted before the Magistrate Court against that husband on the ground of Criminal Breach of Trust and in such case if he can be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
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Ankita Jaiswal
Responded 2 years ago
A.File divorce petition in family court, provides more detail about this, meet local lawyer they help u , if u like my ans plz rate my ans*****, thanks
Rpy here
Rpy here
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A.See divorce should be the last resort as that will bring the relationship to all end and but not to all the problems. So, think many a times before doing this.
Anyways, if you decide to for divorce then hire a good lawyer who should be able to guide you properly with all the necessary steps.
Anyways, if you decide to for divorce then hire a good lawyer who should be able to guide you properly with all the necessary steps.
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