498a, closure
4 years ago
Sir
My husband and my in-laws tortured after marriage because I didn't meet Thier expectations in terms of dowry.still I tried to continue without saying a word.but 2yrs back he suffered cancer,he recovered from it.i was there with my whole family in his treatment.then he started calling me unlucky .there behaviour became more bad.one day he booked a cab and told me to go.and then he told if you want to enter my house u hv to stay quiet u can't say anything .and said my entry is conditional.he met outside on insisting with my daughter .later he started taking my daughter alone.and few months back he filed 13a on grounds of cruelty that I fight with him etc ,after that he filed permission to meet my daughter later he will file custody.i filed 598a directly to police .police after 5 months of investigation filed a closure,before filing 13a my father in-law transferred the dowry amount in my account a day before .due to this closure was done.what should I do .will this make my case weak affect custody also.plz help
Suneel Moudgil
Responded 4 years ago
more information required to advise further
Rameshwar Dadhe
Responded 4 years ago
Shreyash Mohta
Responded 4 years ago
The point is you have received your dowry amount and as such the 498A has been closed.
Coming to the child custody case.
The court shall decide this on merits.
Provided that you have won the 498A will help your child custody case as you can therefore plea to the court that it was after litigation that the father in ;law was bound to transfer the dowry amount. You can also show the transaction receipts for the same.
More over there are a few things the court consider before granting custody. They are.
1. Status of the parents
2. Financial Capability
3. Peaceful environment
4. Decision of the child [This plays a key role]
if the child is less than 5 years, then the custody case lies in the favor of the mother as she becomes the natural guardian of the child.
Thanks
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