Legal Question in Family Law in India
maintance&dowry
in march 2005 i filed a case on my husband for maintance &in nov 2006 decision came. in my first applicaton i mentioned all facts about his torture in respect to his negiligence and money he want from me & my parents .can i still pursue case for dowry afterlaps of 2 yr.
5 Answers from Attorneys
Re: maintance&dowry
Detail is incomplete as you have not stated the year of your marriage but as regard the pursuing and taking further in this there is no bar
Re: maintance&dowry
Please let me know the provision of law you had invoked earlier for claiming maintenance. A wife is entitled for maintenance under three laws : (1) Criminal Procedure Code; (2) Hindu Adoptions & Maintenance Act; and (3) Hindu Marriage Act.
The case of dowry is independent of maintenance. The facts given by you are incomplete.
In my opinion you have a remedy available. I will be able to furnish my detailed opinion only after you apprise me of full facts of your case.
SUDERSHAN GOEL, ADVOCATE.
Re: maintance&dowry
I agree with my two colleagues. The remedy for cruelty under Section 498A I.P.C. is independent of your maintenance application. You can pursue it after two years as well, since the limitation is three years.
Re: maintance&dowry
Yes. You can do.The limitation is 3 years.
Re: maintance&dowry
if you are referring the criminal case then its too weak now to have any effect but yeah you can still file that