Legal Question in Family Law in India
Hi Sir,
I got married in 21 Nov 2007. My husband's is the joint family. My father gave 6 lakhs rupees as dowry which was deposited to our joint account(me and my husband). This amount was given 4 days before of our engagement due to the force of our in-laws. My husbands elder brother asked my father that he wants the cheque of this cash in his name. As his brother wants to use this money in joint family me and my husband gave the cheque in his brothers name with both of our signatures. We gave this cash to his brother based on the settlement told by his brother. My husbands brother told to my father that we will use your daughters dowry in our joint family and we will divide the joint properties within 1 year. Like that he told. As i am working in a software company and at that time i am drawing 35000 per month, his brother harrassed me to put my whole salary in joint family. Even my husband and other family members harrassed in such a way that my thoughts are going to commit suicide. My husband resigned to his job after 4 months of our marriage. He used to spend my salary in joint family and enjoying himself by keeping my atm cards in his pocket. In this way whole family harrassed me for my salary. That time i got pregnant so due to health reasons i came to our parents house. Even when i living with my parents, my ATM cards are with my husband only. He use to spend all my salary in joint family. They didn't divide the property as per the condition. My husband is not working till now. I gave birth to baby boy. and continuing my job in software engineer. From April 2009 to till now my atm cards are at me only. My husband and in-laws are harrassing me to send money. As my husband is not working and harrassing me for money, i settled with my parents. we are living seperately since 2 years.
My father called my husband's elder brother in August 2009 to discuss these matters and to return my isthridhan. And we are asking them since 2 years to return our dowry. they are not giving any response. Even my husband's elder brother changed his mobile number and my in-laws are not talking to me. No body in the house giving response to us.
Now my kid is 2 years old. Nobody paid a single rupee for me and my kid maintainence till now. I am suffering from severe backpain due to ceaserian. I am not able to do job now.
Can i get back my dowry with interest if i proceed legally?
Can i get every month maintenance expenses for me and my kid without taking divorce.
If we proceed legally what type of action will be taken on our in-laws especially my husband's elder brother.
Kindly suggest me.
Regards
2 Answers from Attorneys
Hello !
File case for Domestic Violence against husband and his relatives.
Then file a petition for maintenance.
Yes ! you can have maintenance for yourself and child without Divorce also. ( Conditions and Circumstances )
If you show the said amount as Dowry than you have to file a divorce.
You can also present the said amount as loan money asked by them from your father and say that your father gave the said amount due to family relations, on the condition that they will return back the said money within a year with interest (as market price)
Even Without any promise by your husband's elder brother, your husband - son is liable for 1 Portion of the Joint Family. Therefore, directly apply for your son's share in the Joint Property for his maintenance and future,
With Regards
you can lodge Fir Against them and also can file a case to get maintenance for both.
of you.
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