Legal Question in Family Law in India
My cousin was married last year,they gave Rs 13 lakhs as dowry and other expensive articles,after marriage her husband and mother in law harassed her for two months,after which her husband left for U.S.A and my cousin came back to her parents.After coming back to her parents,she found that she is pregnant.Her husband would call her regularly and mentally tortured her,he never gave her any maintainace .Finally she committed suicide and died in june 2009 this year.In her suicide note she held her mother in law and husband responsible and claimed her dowry amount and articles in the note.Now i want to know whether her parents can get back the dowry amount or not,because legally she did not file a case of dowry harrassment or domestic violence against them.Can that suicide note help her parents get the money back,as they have lost their daughter and money also .
I want to help them.PLEASE HELP.
2 Answers from Attorneys
Yes, on the basis of the suicide note a criminal case for "abetment to commit suicide" may be registered against her husband and in-laws who were allegedly committing cruelty/domestic violence against her. The deceased's parents may also file criminal as well as civil proceedings for recovery of her 'istridhan' including dowry amount and expenses on marriage.
as she has died within 7 years of marriage and the main cause of her death is cruelty being inflicted upon her by her husband and her in laws in connection with dowry etc., an f.i.r. u/s 304 B can be lodged with the police and in case the police refuse to lodge the same, magistrate may direct the police to lodge an f.i.r. the girl's pregnancy report and other proofs of their demand would be of help.
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