Legal Question in Family Law in India
My friend's husband and in-laws treated her very badly and sent her back to her parents house. Now she has been living with her parents for about 8 months. Her husband says that he does not find her beautiful and so he wants a divorce. His family is supporting him completely. Husband has left india and they are not even telling us his location. My friend and her family are not keen on divorce but think it is practical to settle her somewhere else instead of wasting time trying to convince husband as the marriage is only 1 year old.
The husband's side asked for mutual divorce so my friend's family asked to return all my friends jewellery and cash given by them to her in-laws. They said they can return only about 70% of what we gave them and spent on marriage. My friends parents agreed. But husband and in-laws are very greedy and very clever. So first they said that they will return only 10 % after first hearing of mutual divorce and 90 % after divorce has been granted. When my friend's side refused to this arrangement, they said that they will deposit a post dated cheque with court that my friend can collect from court after divorce has been granted. Our past experience with them has been very bad. They married their son only for money and torchured my friend for money. My friend even has proof for this. We fully doubt that this arrangement will have some loop hole so that they dont have to return anything. What if the cheque bounces? Will the court pay us if the cheque bounces or we will have to do a case of cheque bounce? We have not asked for any alimoney but only to return what is ours.
The in-laws are very clever and greedy and the language they have used in the draft of divorce is such that can be easily manipulated in their favour.
What would be the right course of action in such a scenario.
2 Answers from Attorneys
as the trust in missing, you may ask the boys side to deposit pay orders instead of cheques for the agreed amount in the court of law.
You may register a criminal case against them under section 406/498-A IPC. They are bound to return her 'istridhan' (including all that was given from their side) independent of divorce proceedings. The petition for mutual consent divorce should be filed ONLY after you have received all her istridhan and settled for her alimony.
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