Newly Married - Husband left
2 years ago
My Daughter is married in May'21 they stayed for a month in my home due to lock down and then moved to Boy's residence. Only my daughter and son-in-law stay there. As soon as they moved there Boy's widowed sister, children and mother came to home there were some misunderstandings regarding the things that we promised during the marriage however we fulfilled. But Boy's side relatives did not come for marriage due to which his sister, and my son in law would want to take revenge on me and on my daughter. He came and left her in my home without notice it's been 20 days, we tried speak with him and his elders he is not ready to come to peace.. I am widowed for 20 yrs, i have spent nearly 10 L for marraige and my daugther's life is spoiled i need to take care of her now. i do not have any source of income. He has kept silent and hid himself in chennai. What should we do even if he takes also i m not sure my daughter will be safe.
A.As you have spent lots of hard earned money in marriage, you can recover it & get her Streedhan back,then by complaint before the Magistrate Court u/s 406 of IPC,1860,as amended up to date, that can be recovered because otherwise the husband shall be punished with Imprisonment which may extend to three years and with fine.
Also get help of MAHILA MANDAL & lawyer they will be able to sort out even by mutual consent. The money spent in marriage cannot be lost overnight. There are more laws such as 498A & others where the husband & his family can be behind bars for ill-treatment, women have full rights on husbands property.
Your daughter has many options since all the Indian laws are in favour of married women. She can file multiple cases against her husband and his family members like domestic violence case, 498A IPC case and also claim monthly maintenance and can attach his properties.
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If one of the spouses withdraws from the other's society without good reason, the other spouse may initiate an action for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955. A petition for the recovery of conjugal rights can only be filed if there is a valid marriage. Or can seek for mutual divorce and maintenance.
Thank you very much.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
The other spouse may bring an action for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 if one of the spouses has withdrawn from the other's society without fair cause. Only when there is a legal marriage may a petition for recovery of conjugal rights be filed. Or can seek for mutual divorce and maintenance.
Thank you.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
If your daughter wishes to have her Streedhan back,then by complaint before the Magistrate Court u/s 406 of IPC,1860,as amended up to date, that can be recovered because otherwise the husband shall be punished with Imprisonment which may extend to three years and with fine.