Legal Question in Family Law in India
I have filed a Dowry Case against my in-laws. I have a baby boy with me. The boy
Q1.) We incurred more then Rs. 12 lakh on marriage. Can I claim my marriage expenses. Which case shall I file for that
Q2.) The case has been referred for mediation but since the boy is not ready to pay the Settelement amount demanded by me, the mediator told me that instead of settelement he can convince the boy to pay me a conditional value of Rs 1 lakh in-lieu of Jewellery lying with the boy worth Rs. 2.75 lakhs and bail will be granted to the boy but the case will go on. If I accept this, can I still claim my marriage expenses as this anticipatory bail is for 406, 498A case I filed
3 Answers from Attorneys
1. Yes, you are entitled to return of all your 'istridhan'.
2. Let the bail be granted to the boy. you may still be entitled to claim your money; the bail is only a temporary relief and not disposal of your complaint.
I agree with Mr. Goel except that if you accept the amount without prejudice to your rights and not that the amount is in full settlement.
even if your parents had actually spent 12 lacs, but you cannot claim the same from the boy. firstly, the money that is spent is not a white money, secondly, the marriage expenses are not stridhan that the boyz side has to return. in case you want, you can accept the settlement as chalked out by the mediator but in future, whenever there is the possibility of settlement, am afraid if the boyz side would agree to give you any amount towards your stridhan or alimony. you will have to claim through court only. better negotiate it full and final and save your years to come..that would be wasted running around in court and after lawyers.
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