Legal Question in Family Law in India
I had married my daughter in November, 2011. From the very beginning her mother-in-law, father-in-law and husband were harassing her. She was not even allowed to speak even a single word against any one of them. She was not allowed even to go to market at her own without having their prior permission. Every evening her mother-in-law, father-in-law and her husband used to compel her to sit with them after she had finished her chorus in the kitchen. She was forced to sit upto 11 P.M. and wake up in the morning at 6 AM. Her in-laws never allowed her and her husband to spend time separately except during nights. They also made sure that both of them were never allowed to go out of house alone. Her husband is totally under the control of his parents and misbehaved with my daughter whenever she complained about neglecting her by the entire household and making her virtually a slave . Her husband used to tell her that she was never accorded the status of his wife nor she would be accorded in future and she had to stay in their house as per their conditions otherwise would be thrown out. On Diwali Day when my daughter wished her husband a happy Diwali he shouted back on her and created a scene. In the meantime his parents also came in and they also started shouting on my daughter and told her to immediately get out of their house and forced her to sit in the car and dropped her around 1130 p.m. at the gate of my house. I had paid to her in-laws jewellery of about Rs. 14 lakhs and a net amount of 19 lakhs in cash. They have not returned anything back so far. Could you please advise as to what we should do.
5 Answers from Attorneys
Dear client file police complain,, she shall claim maintenance to her husband,and file dowary case, As your brief her inlaw do many criminal offence under IPC as well as HINDU MARRIAGE ACT,
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dear client u can recover jewelry and cash given in marriage by filing case under domestic violence act. file this case immediately before they dispose jewelry. as well as yr daughter can file police complaint against her husband and her in laws for dowry harassment. for more legal help call me on 9422611385 or mail me on [email protected]
ADV PRASAD PATIL
HIGH COURT, BOMBAY
Your daughter has all the right under the criminal and civil laws to teach a lesson to her inlaws and her husband. Has your daughter come back to your home ? What does she intends to do now ? This is very important to know for us to guide her for her future course of action. As mentioned before she can create a ruckus and havoc in her husband and in laws life but she has to decide.
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In the case of your daughter, must decide what she wants at this stage. Does she want to stay with her husband? In this case, she could file a case under the Protection of Women from Domestic Violence Act and get an order for protection for the harassment meted on her by her in-laws and husband. Once she is protected, and her right to reside in the house is taken care of, all her needs can be looked into.
she can file a complaint under domestic violence act, a complaint u/s 498a/406, a petition for claiming maintenance but before that, you need to convey these facts to your lawyer so that right step for justice for your daughter can be initiated.
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