Legal Question in Family Law in India

Re: domestic violence act,maintenance

What your husband says is all trash and it is only to threaten you nothing else.You may approach the local police where your jurisdiction falls and file a complaint narrating all the facts and if possible try to get the entire process recorded by the electronic media/women protection forum,for your safety.To get back the dowry you can mention it as streedhan given by your parents and it was snatched away by your in laws(if they are involved) and husband as well.You would definitely get the maintenance from your husband after the divorce is granted.If you are in Hyderabad I could help you.

Re: domestic violence act,maintenance

few days back , even i havve never heard of nor had file such type of case, however whatever your husband says, that is possible, here is some infoamtion which i have gathered from an advocate and it is true that both giving and taking dowery is a crime under the dowery prohibiiton Act.

In perhaps the first such ruling ever, a trial court in the capital has asked police to register an FIR against a bride and five members of her family for giving dowry.

There was trouble between Sunil and Latika (names changed) just a year after they got married in 2004. Latika left her husband�s house on August 4, 2005 and filed a dowry harassment case with the antidowry cell against Sunil and his family.

She claimed that her family had spent more than Rs 10 lakh on the wedding, gave Rs 2 lakh in cash for a car and another Rs 1.15 lakh as dowry. A case was registered against Sunil and his family under Section 498(A), 406 and 34 of the IPC.

But Sunil also went to court, seeking to register an FIR against Latika and her family for fulfilling his dowry demands. In his petition filed in August 2008, Sunil asked that an FIR be registered under Section 3 of the Dowry Prohibition Act, which punishes giving dowry with up to five years in prison and a fine of at least Rs 15,000 or the value of the dowry, whichever is more.

Metropolitan Magistrate Neeraj Gaur observed that giving dowry was a cognisable offence and directed the station house officer (SHO) of Model Town police station to register an FIR. The court also asked the SHO to start investigating the case against Latika and her family.

Source :- The Times of India 7 June 2009 P 1 Delhi

Re: domestic violence act,maintenance

(1) Your husband's threat that "he will file a case stating that it is a crime to give dowry" is absolutely baseless; you should feel intimidated with such threats.

(2 You may go ahead with filing a complaint with the local police u/ss 406 and 498-A of Indian Penal Code for "return of istridhan" and for punishment for "cruelty/torture" committed against you.

(3) You may also seek maintenance / supousal support. He may be liable to give you maintenance as per his financial status / standard of living.

4) You may also invoke the provisions of DV Act in your applications - for appropriate reliefs against cruelty and domestic violence.