Divroce case
2 months ago
We are settled abroad and my husband wants to divorce me. He took some part of down payment from my parents to fund the house we bought in Canada.
Also he took 27000 Canadian Dollars from my real brother as a loan which he is refusing to pay. This happend recently in 2020. Our marriage happened in 2012 Oct. Can we file a dowry case in India? My father in law has removed me and my two kids from his will also.
A.Dear Client,
If money transfers occurred from your father and brother's accounts to your husband's account in India, and you wish to file a complaint for dowry harassment under Section 498A of the IPC, it's important to consider the legal time limits. Section 468 of the CrPC sets a 3-year time limit for such complaints. Ideally, a dowry case should be filed within 7 years of marriage for a stronger legal position. However, cases filed beyond 7 years may not be successful.
Given that your marriage was in 2012, it's now more than 7 years, and filing a dowry case may be barred by limitation. It is advisable to seek legal opinion from an experienced advocate before making a final decision. Without substantial evidence supporting the money transactions between your husband and your family members, your claim for the recovery of lent money may not be strong in court. Therefore, it's crucial to consider these legal aspects and consult with a knowledgeable lawyer.
If money transfers occurred from your father and brother's accounts to your husband's account in India, and you wish to file a complaint for dowry harassment under Section 498A of the IPC, it's important to consider the legal time limits. Section 468 of the CrPC sets a 3-year time limit for such complaints. Ideally, a dowry case should be filed within 7 years of marriage for a stronger legal position. However, cases filed beyond 7 years may not be successful.
Given that your marriage was in 2012, it's now more than 7 years, and filing a dowry case may be barred by limitation. It is advisable to seek legal opinion from an experienced advocate before making a final decision. Without substantial evidence supporting the money transactions between your husband and your family members, your claim for the recovery of lent money may not be strong in court. Therefore, it's crucial to consider these legal aspects and consult with a knowledgeable lawyer.
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A.Dear Client,
As per Section 468 of CrPC, the time limit for a complaint for an offense of dowry harassment under Section 498A of IPC is 3 years. A dowry case ideally should be filed within 7 years of marriage for a dowry claim to be won in the court. Though people file dowry cases even after 7/10/15 years of marriage, they will lose the case if the dowry case is beyond 7 years of marriage. Being your marriage year 2012, now it is more than 7 years and barred by limitation, so it is advisable to take legal opinion from an experienced Advocate before making a final decision in the matter. Further, in the absence of cogent evidence supporting the transaction of money between your husband and your parents or brother, your claim of recovery of money lent to your husband, may not stand before the Court.
As per Section 468 of CrPC, the time limit for a complaint for an offense of dowry harassment under Section 498A of IPC is 3 years. A dowry case ideally should be filed within 7 years of marriage for a dowry claim to be won in the court. Though people file dowry cases even after 7/10/15 years of marriage, they will lose the case if the dowry case is beyond 7 years of marriage. Being your marriage year 2012, now it is more than 7 years and barred by limitation, so it is advisable to take legal opinion from an experienced Advocate before making a final decision in the matter. Further, in the absence of cogent evidence supporting the transaction of money between your husband and your parents or brother, your claim of recovery of money lent to your husband, may not stand before the Court.
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A.Dear madam
If money is transferred in India from the account of your father and brother to the account your husband then you lodge a complaint in India for dowry harassment.
If money is transferred in India from the account of your father and brother to the account your husband then you lodge a complaint in India for dowry harassment.
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