Legal Question in Family Law in India
Dear Rajiv Sir and Homi Sir and other Sirs,
I understand so much that a dowry harrassed wife has two options 498a and domestic violence. if a wife does a 498a case than court punishes husband for three years but case will go on for 2-3 years. If a wife does a domestic violence case than the case can be closed in a few months but court does not punish husbands for the torture he gave to wife till now. The court give maintainence and house to wife. It punishes husband only if there is breach of protection order. In either of the two options wife does not get justice. In 498a till the time court case goes on, wife is also punished as her life stops and she looses precious years of her life. In domestic violence she the court does not punish the husband only asks to make monetary compensation. So both these ways are not good options.
Please tell me is there a way I can get my husband and in-laws punished for their deeds such that my precious years are not wasted. I request you all to guide me so that I can find justice for myself and contribute a bit to the society by discouraging dowry system.
2 Answers from Attorneys
as per the DV laws, for the violent acts done in the past, the wife can be compensated in monetary terms but there is no provision in DV Act to punish the wrong doers for their past acts. only when the orders of the court are being violated, there are provisions for punishment.
The only options for a girl victim of a wrong matrimonial alliance are those already mentioned in your note. Out of all the options 498-A is considered most effective. DVA, HMA and Cr. P. C. provide monetary compensation.
The best option is reaching an amicable out of court settlement and try to buy peace.
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