as regards the dowry paid by you it is difficult to get back as there will be no proof. if you can provide the court any documents to show that you have given the dowry then you will succeed. further you can seek maintenance. as regards your next action contest the petition filed by your husband and in addition you can also lodge criminal complaints on him
498a case
Sir, My husband and his parents are started harrassing after the few days marriage for dowry. Then my parents try to convince him but not convinced then they given complaint in police station but the matter not solved and then he send me the divorce letter through advocate as per muslim law since we r muslims. Now how can i get my dowry back and how can get my maintanance rights. He has taken the anticipatory bail also for secure himself. Could you please advice for my next action for my right and justification.
Asked 10 years ago in Criminal Law
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7 Answers
Slap 498A case on him,as well as 125 maintenance case in local District Court. You can file a case for returning of Stridhan you had given to your husband, make a list of it and submitt before the court.
1. Since you have been harassed in relation to dowry you may file a case for dowry harassment against your husband and his parents. Demand of dowry is an offence punishable under the law.
2. In order to recover your articles you need to move the court and file a case for recovery of stridhan. However, you will be required to submit any proof of articles being given by you to them.
3. For maintenance you may file a case under DV Act seeking financial support from your husband.
File a criminal case against them under section 498A/406 of IPC, file a maintenance case against your husband under section 125 of Cr.P.C
file a domestic violence case against them.
how he has obtain anticipatory bail when you have not file a complaint in women cell.the procedure is when you file a complaint in women cell they will send notice to your husband and in laws,the conciliation and mediation proceedings are initiated which normally takes 5-6 months and then the procedure of registration of FIR starts.
any way file a complaint in women cell and get the FIR registered under498A and 406,IPC along with that also file complaint under DV act,if you want you can also file under 125crpc for maintenence
u are entitled for maintenance as per muslim law as it cleared by supreme court in daniel hanifi case & shabnam case . apart from this u can file criminal case under 498A & d v act 2005
1. with regard to dowry harassment by your husband and his parents you can file complaint to the concerned police
station Under sec 498A of IPC and 3 & 4 of D P Act.
2. with regard to recovery of the dowry amount if you have the proof you can get it back if not it would be difficult
3. with regard to claiming maintenance you can file Domestic Violence case and ask for monthly maintenance. 1/3rd salary of the husband will be given as interim maintenance.
4. if you don't want to divorce your husband then you can file restitution of conjugal rights asking your husband to come back and lead a happy marital life. this petition will be against the divorce case.
