Legal Question in Family Law in India
Divorce & Compensation
1.Marriage has been solemnised on 06.03.2002 as per Hindu rites & customs between a spinster aged 27 & a bachelor 30.
The girl was unemployed at the time of marriage & put a condition of dowryless marriage b4 d boy b4 marriage & with some other conditions.And d boy is a StateGovt.Officer.D boy was agreed with her condition & gave her high asurances.But d boy had taken a huge amount of cash from d brides' father b4 d marriage & hide this fact from d girl.When d girl came 2 know about dis matter then she had broken d marriage but under serious mental presure & threat from her father & d boy,finally she married 2 that boy.And after d marriage that boy was toatally changed & again taken money from brides' father.And d brides father hiding everything to her daughter.After d marriage,both d boy & girl only stayed 12 days together & separated forever.Due 2 his cruel & animal behavior & also heavy dowry demand from her husband, the girl did not go 2 her husband.And stayed with her parent's house.Now that broken marriage has been passed more than 3 years & 9 months.The girl wants punishment & Compensation from her husband.But d bride's father not at all supporting her daughter in dis matter.D boy hasnt return any dowry money till date.
3 Answers from Attorneys
Re: Divorce & Compensation
If father does not support the daughter, girl cannot do anything i.e. she cannot prove as the money received byhusband was in cash.
Re: Divorce & Compensation
It is not clear from query whether you've obtained a Decree of divorce by way of filing petition for it.
I presume that you've separated without obtaining a decree of divorce & as such since marriage is subsisting you can file an application before the Piloce authorities under section 498-A IPC & there you can claim the amount of Dowery which you husband has taken. Yuo can also file a divorce petition on the ground of Cruelty & in the said proceeeding you can also file an application for return of dowery amount & for maintanece & also permanant almony.
And if you've separated by way of decree of divorce you can also file the suit in this regard & also still can laws the report to the Police authority.
Re: Divorce & Compensation
It may be quite difficult for you to prove payment by your father to the boy since firstly it was made in cash and secondly your father does not support.
However, the advisable course for you will be to immediately file petition for divorce, and thereafter file a police complaint under section 498A of IPC, under which the boy may be arrested by the police.
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