Legal Question in Family Law in India

sec. 27 HMA

My wife has put 498A on me & my parents saying that her father has given about 10 lacs of dowry. Charge sheet is also filed and we are attending the court dates. Then she filed for maintenance under Cr. P. C 125. Then she filed a case under sec. 27 of Hindu Marriage Act asking the court to return the 10 lacs of dowry in family court. She has not asked for divorce. My questions are 1. Can a separate case U/S 27 of HMA is maintainable without any divorce proceedings? 2. Can dowry be treated as property as per sec. 27 of HMA as this section deals with property ''presented''? 3. Can dowry be treated as property as per sec. 27 of HMA as this section deals with property ''Which may belong jointly to both the husband and the wife''? I have not applied for divorce. I don't have that much money to give her and she is not willing for any settlement. My advocate is also confused about this situation. Please answer my questions and give me any suggestions. Thank you.


Asked on 7/03/09, 1:07 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: sec. 27 HMA

1. No.

2. Yes.

3. Yes.

You may seek dismissal of Section 27 petition; but you may have to return the dowry articles/money as "istridhan" and you may face criminal action u/ss 406 and 498-A of IPC. Besides, you may also suffer criminal prosecution / damages/compensation application under D.V.A.

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Answered on 7/03/09, 3:05 am
KAMAL GROVER

Re: sec. 27 HMA

1. Yes she can file

But you can directedly refuse that you have not accept any amount.

You may send us your detail our legal associates can easily tackle this situation.

Regards

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Answered on 7/03/09, 6:28 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: sec. 27 HMA

1)Yes

2)No you can defend on that ground.

3)no you can refuse that you have taken dowry

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Answered on 7/03/09, 1:11 am


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