Anonymous
Asked August 07, 2016

Harassment for dowry

  • 1 Answer
  • 215 Views

My hubby tried to kill me by knife. By the grace of God I escaped. My neighbour took me to hospital.  I got injury. ALl this is for dowry. He got arrested after one month. But he got bail. An FIR was made on his parents also but they didn't get arrested. The govt advocate is there for me. Can he help me to get them arrested now? its already 3 months in the month of may. Also, can I apply for maintainance. I hv 2 yr girl baby also.

Answer 1

As you have already filed an FIR against the family members, but no actions have been taken, you can directly approach the magistrate. You can seek an order of maintenance from your husband, under S. 125 of Cr.PC. [1]As per S. 125(2) of Cr.PC, after such order, your husband will be liable to pay allowance (as stated by the order):

1. From the date of such order, or

2. From the date of the application for maintenance.

However, there exist certain essentials for granting of maintenance:

1. You must be unable to maintain yourself; or

2. You can seek maintenance directly for your child, who is a minor and also clearly not in a position to maintain herself.

3. Moreover, maintenance is absolutely denied if the wife is living in adultery or if she refuses to stay with her husband without sufficient grounds. In this case, you have sufficient reason to refuse to live with your husband, hence, you can claim for maintenance even if you decide to not live with your husband any longer.

 

Moreover, under such life threatening circumstances, you may also file for a divorce under the grounds-

1. Cruelty. You can press charges of cruelty against, both your husband and his family members, under S. 498A of IPC[2]. This section provides for imprisonment of the accused along with fine, for any act which causes grave injury or danger to life, limb or health of the aggrieved woman. In this case, the acts of husband clearly indicate the cruelty inflicted upon you.

2. You can also approach the court under Domestic Violence Act, 2005 (DV Act). As per S. 3 of the DV Act[3], you can hold your husband and his family members liable on the grounds of:

a. Injury caused to your health, safety, life, limb and well‑being; and

b. Harassment, harm or injury caused to you with a view to coerce you or any other person related to you to meet any unlawful demand for any dowry.

S. 12 of the DV Act[4] provides power to the Magistrate to hold the accused, the husband and his family members in this case, liable for compensation for damages caused.

Additionally, you can seek maintenance under S. 125 of Cr.PC, even after application for divorce, and also after such divorce is granted.

 

 

 

 

 

[1] Available at: https://indiankanoon.org/doc/1056396/

[2] Available at: https://indiankanoon.org/doc/538436/

[3] Available at: https://indiankanoon.org/doc/406908/

[4] Available at: https://indiankanoon.org/doc/1373165/

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