Legal Question in Family Law in India

To MR Sudershan Goel.
Sir, I respect you a lot and moreso, I look highly at you for your respect for women.
I have read through a lot of questions and your answers to those on lawguru. I am unable to understand why is it that you advice aggrieved women like myself to file dowry criminal complain almost all the time. It is true that the law written is in favour of women. But practically speaking women are unable to use it. I can say this because I am going through this hell. This is primarily because no man would want to marry a woman who has filed a criminal case against her ex-husband and ex-in-laws. Nobody even wants to know what the truth was, if its not a mutual divorce, they are not interested. Practically speaking it is better to forgive and forget and move on in life for our own betterment. Punishing them and getting a few lacs or a few crores dont help living life, we all need good husbands more than the money. This is what my parents have ben trying to explain to me. Some of the lawyers who are my father's friends also give me the same advice. I was just wondering why is your advice so contradicting to their advice.
I respect you and from what I have read in your answers to the several queries, your opinion matters to me. This is why I want to understand your point of view.
to tell you about my self - My husband married me for my father's money and immediately after marriage he told me that he married me against his wish and when I still tried to make the marriage work, I went through a lot of ill-treatment and was finally sent back to my parents house. The advice near and dear ones give me is mutal divorce.

Asked on 1/21/10, 8:36 pm

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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i think your mindset is right. better forgive and forget and as you have no financial problems, you need not get into any sort of litigation. simply seek divorce by mutual consent and forget that man and start your life afresh.

Answered on 1/22/10, 4:33 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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You might have got the impression because in majority of cases the focus is not on re-marriage but on recovery of "istridhan" and spousal/child support.

You have also missed another point in most of my opinions : I had been advising husbands to avoid litigation and try for an amicable out of court settlement. Secondly, I had been generally advising husbands to give space to their spouse and understand their feelings and emotional needs.

There is no "general rule" about filing a complaint. The remedy has to be "situation specific" and in each case the facts should be the guiding factor.

Mostly, girls are shy and slow in taking appropriate action against erring husbands. If they are made aware of their rights, they may perhaps prevent suffering cruelty.

Answered on 1/22/10, 10:27 pm

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