How if i file divorse and had taken dowry
5 years ago
Hi Sir,
I have taken dowry of 1 lakhs while marriage. Now because of differences between us. I want to file divorse. But i have fear that I have taken dowry. Can i fight legally. Me and wife had frequent quarrel between us, and i have not physically abused her but my mom slapped once when she did wrong.
Will we get punished for that ?
Deepak Yashwantrao Bade
Responded 5 years ago
GANESH SHARMA
Responded 5 years ago
Anonymous
Replied 5 years ago
Hi Sir,
Even she said many times she don't want to live with me.
I was working in software now I left job since 1 year due to family tension.Of you file for divorse how much I need to pay as maintenance for her if get my job.
Prabhakara S K Shetty
Replied 5 years ago
which city u live, if in Bangalore send me ur e mail id
Ambrose Leo
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
Any person who gives or takes or abets the giving or taking of dowry fall within the purview of the section 3 Dowry Prohibition Act. So if you have demanded dowry and your in-laws had given you dowry, then both of you will fall within the meaning of this section. Generally, no one comes up with this sort of complaints against anyone once dowry has be given and received during or after marriage. Beside its to be proved that there was such demand and transaction had occurred. I agree with Advocate Kavery Anand Pandharpurkar, you can take defend yourself by denying absolutely that it was for the marriage expenses. Gifts received by the husband are his property while gifts received by wife are stridhan.
What I apprehend from your given situation is that she is most likely to lodge a complaint against you u/s 498A IPC and Domestic Violence. For that you need to apply for anticipatory bail from the HC. File a divorce petition on the ground of cruelty. Or else you both amicably settle the matter and file an application for a judicial separation and get MD after a year.
Anonymous
Replied 5 years ago
My marriage had 18 months ago.
If i file for divorse will i have to pay maintenance.
How long it will take to get divorse.
ROBERT D ROZARIO
Replied 5 years ago
Yes she will be entitled to maintenance. Usually such maintenance is 25% of your net salary. If its a contested divorce, it may take years (which includes the period of disposal of appeal and revision in the High Court). Beside there will be another aheadach if she files a criminal proceeding against you and your mother under section 498A and Domestic violence. A mutual divorce will be much quicker process, provided you agree to pay her some lump sum amount.
Note: A estranged wife who leaves the matrimonial household without any sufficient reasons is not entitled to maintenance as per the SC ruling.
However in your case, she has sufficient reason for leaving her matrimonial house, but you need to find out any complaints been lodged by her against you or your mother after leaving the house. If not and then Court will decide what initiate you took to bring back your wife and whether such initiative failed inspite of your honest efforts. Court will consider all aspects and circumstances before refusing a maintenance to a wife. Every case is different from the other and has its own merits and demerits.
NILANJAN CHATTERJEE
Responded 5 years ago
Kavery Anand
Responded 5 years ago
1) U can tell that that is not dowry.. I never asked any money from them.. but they gave / transferred money for marriage ceremony expenses.. as we decided that .. marriage ceremony expenses will shear...
2) u never harrassed her physically.. but once Ur Mom slapped her...
Yes u can say that.. she was behaving madly.. and she came to my mom and tryd to hit my mom... For defining herself my mom slapped.. because she was hitting my mom.
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