Legal Question in Family Law in India

Harrasment by In-laws and Husband for dowry and other matters

i m married for 3 years but i have been harrased by my husband and inlaws, for money and that i am not conceiving. they used to beat me up and my mother in law used to harras me without any reason. now i m with my parents but all my jewellary and all my belongings are with my in-laws. i want to file a case against them. Can you suggest me that IPC section 406 is the right section against them, or can u suggest some other section

Asked on 9/11/08, 4:12 am

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Harrasment by In-laws and Husband for dowry and other matters

File a complaint under Sec 498a and 406 IPC or in alternative you may file complaint against Domestic violence Act. If you wish may also consult personally (Rs 100/- per hour).

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Answered on 9/12/08, 5:48 am

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: Harrasment by In-laws and Husband for dowry and other matters

You are entitled to claim all your dowry articles, entire money spent on marriage, and all the gifts/shaguns received / offered by your husband and in-laws. All this constitute your 'istridhan' which you should demand back from your husband and in-laws immediately. If they do not return it to you despite demand, you are entitled to lodge a complaint / FIR under section 406 IPC.

You are also entitled to lodge an FIR against your husband and in-laws, who ever tortured you after marriage, under section 498-A IPC. You should be clear and specific in making a statement of allegations. As far as possible, your statement should be complete, clear and truthful without making any effort to implicate anyone falsely. However, all those persons beside your husband, i.e. your husband's near relatives who lived jointly in the family and who committed cruelty against you or attempted to torture/taunt you for not bearing a child, are liable for criminal prosecution.

You are also entitled to claim residence and sufficient maintenance as also other reliefs under the Domestic Violence Act.

If you are a Hindu and were married as per Hindu rites and ceremonies, you may seek dissolution of marriage under the Hindu Marriage Act and may also claim maintenance under section 24/25 of the Act.

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Answered on 9/11/08, 6:45 am
Sanjay Shah Shah & Shah

Re: Harrasment by In-laws and Husband for dowry and other matters

you can file a complaint under section 498 as well as you can file a case under demestic violence act before appropriate court of law.

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Answered on 9/11/08, 7:41 am

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