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
A.you are really honest to provide real facts. it might be serious issue when your wife will file domestic violence complaint into court against you. in that case you with your entire family might be accused . even She can file 498A complaint. if she file cases against you then you have to fight case on merits. try to settle down matter with discussion with her and her family members .
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GANESH SHARMA
Responded 5 years ago
A.slapping comes under domestic violence she can file a complaint under DV act. She can book 498A for dowry and violence.
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A.Your mother once slapped your wife, well it is unlikely that you get punishment for the event that happened long ago. About your intention to file for divorce, you need to come up with more details.
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Ambrose Leo
Responded 5 years ago
A.You have a serious complex issue wherein if it is proved you will be punished, sentenced as per the prevailing law. During course of case trail & investigation the truth will prevail and facts will be in record. You can opt for mutual dissolution, out of court settlement and judicial separation as the case may be.Better to contact a professional Family Lawyer to guide & help you on all aspects of the issue and protecting your interest quickly.
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ROBERT D ROZARIO
Responded 5 years ago
A.Facts not clear. Can you be more specific how your received this amount of Rs 1 lakh. How long is your marriage and under which law?
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.
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.
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NILANJAN CHATTERJEE
Responded 5 years ago
A.She has to prove that you have taken dowry. Moreover, if such assault of your mother meted to her has taken place long ago then such act cannot be proven as domestic violence.
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Kavery Anand
Responded 5 years ago
A.Sir.. u have taken dowry..in which way ? Cash/ gold/ or vehicle. Whether they transferred money to ur account?
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.
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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