Legal Question in Family Law in India

Dawry and divorce

Sir,

I am a NRI currently in India.

I got married to a Doctor two years back in india.We both are Hindu and it was a arranged marriage in india.We moved to US after marriage.We had frequent arguments.Last 3 months back she left my house in USA and gone to her friend's house and currently staying with her parents in India. Me and my family are trying in every possible way to bring her back. But so far unsuccessful. Now she is blaming me for physical abuse and dowry and threatening to arrest my family in Dowry charges. They do not have any evidance.However while she was in USA in her friends house I had recorded all our conversation over phone, where she herself never said about Dowry.Also I have few emails between her and my in-laws,where they used wards like bustard against me.I also have a letter written by her to her parents where wrote all kind of bad things like ''I should loose my job''.I make good amount of money in US. So Dowry is a total lie.Can she trouble me and my family in Dowry case?Can I use the telephone recording,letter and email in Indian court as evidence?As far as financial support is concerned,how much approx she can get from me?


Asked on 6/25/02, 6:57 pm

1 Answer from Attorneys
Prabhat Shroff Shroff & Company

Re: Dawry and divorce

In India, as you may be knowing, the Dowry laws are absolutely in favour of the wife. All a wife needs is to file a complaint against the husband or in-laws u/s 498A of IPC, and the consequence is arrest and harrassment. The wife does not even need any proof. Moreover, it is quite difficult to get a bail once arrest has been made.

Hence, in the circumstances mentioned by you, it will be advisable to get anticipatory bails for your parents. However, before you could successfully get an anticipatory bail, you must have filed a divorce suit.

Yes, you can use the letters and/or other written documents,but telephone recordings may not help you much.

Your wife may be allowed approximately one fifth of your income as maintenance.

Read more
Answered on 6/26/02, 12:55 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India