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UHey Guys,
I belong to an orthodox family. My Sister got married in 2017.It was an arranged marriage. Her inlaws are jewellers. The initial dowry demand was 50L cash and jewellery. They finally agreed for 27L cash which would be used to make jewellery for my sister since the inlaws are jewellers and they wanted the cash since they said they had quality concerns if we did it which made sense at the time. After marriage we find out that the groom suffered from depression,anxiety and was addicted to alcohol and cigarettes. The inlaws often used to taunt her for the dowry being too little. My sister suffered though all his emotional and sometimes physical abuse and he somehow recovered. About 3 years after marriage they decide to have kids and turns out the groom has damaged his reproductive vitals like sperm count and health and mobility cos of years of addiction. They try IVF for about 4 times but the foetus couldn’t survive. The blame went on my sister and she was abused. Often her baby which didn’t survive 8months into pregnancy was brought up saying its good her baby didn’t survive. She does not deserve to be a mother and nonsense like that.
Breaking point:- Her mother in law abused and disrespected her at a relative’s place and when she defended herself, she was made to touch her feet and apologize. The sad part was her husband didn’t support her. Since then she had made up her mind of leaving her for good. That’s when she told us about the extent of torture and abuse she was subjected to. She had hid everything for almost 7years while suffering in silence. About a month back her husband and my sister tried to go on a vacation to sort things out to no avail. While they were on vacation the in laws go into her room and took all the jewellery that my father paid for. Almost 1kg worth gold. When they came back, they had a major fight and my sister asked for her jewellery back. They refused saying that they will give her when she has calmed down. And now they blatantly say that we have no proof of giving cash and that all the jewellery was gifted my them and not my father. My sister has managed to get several voice recording where her husband has been threatening her and he and his family has accepted that the jewellery was with them and was paid by my father and we have no proof so she can do nothing. We have voice recording of them saying all this and abusing her and threatening to kill her or hurt my family. We also have medical reports mentioning the physical injury and a copy of general diary she had lodged with the police secretly when her husband had assaulted her. I understand I might sound very pathetic but she needs her jewellery back cos that’s hers and she will be more secure financially.
What options do I have to get her jewellery back and proceed with the divorce. Her life has bcome hell. I just want her to be done with him and his nonsense for good. -
CYour facts are all across the post, and I could not gather your religion so I can’t comment on the personal laws that would come into play.
Based on secular laws, you can bring cases of both domestic violence (for the harassment she has suffered) and for prevention of dowry. Please do keep in mind that the act of giving (and taking) dowry are both offences, so tread with caution. If this was her streedhana, it can be sought back during the divorce.
For divorce, you would have to proceed based on your personal law.
I would advise you to consult a local lawyer and proceed with patience, your sister’s well being is your primary concern – not teaching her in-laws a lesson. She has a mutitude of remedies available to her, but it should be used wisely.
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UWe are Hindus by religion. Yes I will agree facts could have been better presented. I apologize for this and thank you for keeping patience and taking time out for this. However one thing we fear that her jewellery could be sold off since they are jewellers by trade and it won’t take them much time. Was just wishing we could secure control over it before they could do anything out of spite or greed.
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CYour welcome, no one should be made to go through with this.
As for you anticipating the sale of jewellery, what you can do immediately is file a case under the Dowry Prevention Act, stating that you anticipate that your streedhana may be sold off by her in-laws.
Getting a divorce decree under the Hindu Marriage Act on grounds of cruelty may be an exhausting process, so would recommend you prepare for the long haul as it could take a few years. At the cost of repetition, would again ask you to look after your sister first and foremost.
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UAs much as I would like to make a diplomatic statement, the simplest explanation I have is most Indian households have the mindset of dowry giving and taking. They would rather blow up their lifetime savings on a 2 day event for showoff and perception that their daughters future is secure if they pay a hefty dowry but more often than not it backfires and the daughter suffers along with the family.
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BI understand where you’re coming from, you’re not wrong. I’d like to add that I recently got married and we did not demand any dowry as no one should. Anyway, the guy and his family asking for 50L should’ve been a huge red flag right away and you guys should’ve looked somewhere else because X number of people exist out there.
Did you guys do a proper background check? Was this prospect match from a mutual? Does the guy have a job? Did you marry because they were jewellers? Anyway, major blunder on your father’s part (or whoever else was responsible).
I hope she gets justice and her husband and her in-laws rot in jail.
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UIn my case the guys family conveniently told they don’t want any dowry until after the marriage was over..as soon as marriage was over they wanted the gold streedhan for paying off their loans and started asking indirectly for money and dowry..these asshole boys and their families should be taken to the washers for alimony but unfortunately most of these criminals are the ones who get away with it
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UADVOCATE AKASH VARSHNEY HERE, THIS IS MY ADVICE FOR YOU.
1. DORWNY PROHIBITION ACT 1961 defines dowry under Section 2 of the Act, the jwellery etc in your case amounts to dowry, Section 3 Provides that the penalty of taking dowry is punishable with imprisonment NOT LESS THAN 5 YEARS AND FINE NOT LESS THAN 15K OR THE AMOUNT OF DOWRY TAKEN ITSELF OR BOTH IMPRISONMENT AND FINE, Section 6 of the Act allows the woman and her family to legally claim property given in dowry and if the grooms family refuse to transfer the same that also is punishable with 6 Month to 2 year imprisonment or fine upto 10k or both, court can force the man and his family to return all property given in dowry . Section 7 PROTECTS YOU AND YOUR FAMILY FROM PROSECUTION AGAINST GIVING DOWRY meaning that although giving dowry is also an offence yet THE MAN AND HIS FAMILY CANT SEND YOU TO JAIL. Section 8 makes the offence NON BAILABLE (BAIL WILL NOT BE EASY FOR THE MAN AND HIS FAMILY) NON COMPOUNDABLE (THERE CANT BE ANY COMPROMISE THEY HAVE TO PAY YOU MONEY AND GOT TO JAIL) AND COGNIZABLE (POLICE CAN INVESTIGATE MATTER UPON FIR WITHOUT PERMISSION FROM COURT.
2. PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2006 defines DOMESTIC VIOLECE under section 3 and i have gone though it, in your case this is domestic violence, Section 4 of the act allows the Aggrieved woman (your sister or your family) to file case with Protection officer/police. Section 12 allows the Aggrieved person and family to seek following remedies from court Protection from inlaws (Section 18), Residence Order (Section 19), MONETARY RELIEF(Section 20), Compensation (Section 22). Please note that once a complaint with magistrate is filed by your advocate, there will be a hearing within 3 days and decision within 60 days by law.
3. The case here will include Attempt to commit Dowry Death under Section 304B IPC, Cruelty under Section 498A, Grevious Hurt etc.
4. Claim maintenance under Section 125 CrPC and ALL COST OF PROCEEDING OF HIRING AN ADVOCATE ETC.
5. Keep all evidence copy in several locations, like in your phone and the phone, laptop and pen drive of your family.
6. Ask me any question here. -
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P1. She can file for divorce on the grounds of Cruelty [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/) The medical reports of her husband of infertility and mental health issues – she can gather when she is still with the in laws
2. Along with the divorce case, she can also file a case under Dowry Prohibition Act and ask for a return of the gold. the evidence of her wearing them in the photographs is more than enough. If there is any record of transaction of money to the in laws or the recordings of the conversations, photographs, videos, etc. can be added as evidence. [https://divorcebylaw.com/dowry/](https://divorcebylaw.com/dowry/)
3. Returning of the jewelry can be done through interim court order, where an interlocutory application be filed asking to return the jewelry as there are chances that the in laws being goldsmiths can disfigure the ornaments. this IA has to be filed in the beginning itself.
for more specific advice, feel free to consult us [https://g.co/kgs/hmnpu81](https://g.co/kgs/hmnpu81)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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