Legal Question in Family Law in India

family law

Iam the husband applying first for divorce +custody of the chiild on the grounds of cruelty towards me and my wife is separated from from since last 1 year and living separately in U.K and child is being cared by her parents in india.

can you please tell me,

1. once i apply for divorce in India can she apply for false dowry harrasement case?

2, If she applies after I apply and serve the proceedings to her , can be still Nonbailable warrent issued against me or my parents back home in india?

3. is there any way we can prevent her applying from dowry harrasement case or nonbailable warrent being issued?


Asked on 10/03/08, 3:15 am

4 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: family law

(1) Yes she can file a dowry case.

(2) Yes you have to obtain Bail from the Hon'ble court.

(3) It would be by an amicable settlement or a mutual consent divorce.

I would advice you to talk to her personally and try to settle the matter amicably.

In case of need please contact personally.

Professional charges are applicable.

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Answered on 10/03/08, 6:49 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: family law

there is no way you can prevent the filing of a false dowry harassment case but you can obtain anticipatory bail and save yourself and your parents from unnecessary harassment. the bail in dowry harassment case is not difficult to obtain if the case is of cruelty simplicitor. its better if you get in touch with some more details or call me at 9811284735, delhi....

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Answered on 10/03/08, 7:48 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: family law

(a) She is entitled to claim back her "istridhan" and if her demand is refused, she is entitled to file a criminal case u/s 406 IPC; she is also entitled to file a criminal case u/s 498-A IPC for cruelty;

(b) Yes, proceedings can be initiated against you at any time including after your filing for divorce;

(c) yes, there are way outs to prevent criminal procedings and NBW against husband and the parents/relatives.

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Answered on 10/03/08, 8:35 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: family law

1)Yes

2)depends

3)No

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Answered on 10/03/08, 9:46 am


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