What is Dowry?
According to Dowry Prohibition Act, 1961, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly at or before or any time after the marriage in connection with the marriage of the parties —
- by one party to a marriage to the other party to the marriage; or
- by any other person or parent of either party to a marriage, to the other party or any other person. but does not include mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
Filing Complaint
- Visit the police station under which your matrimonial home where domestic violence took place and lodge an FIR against your husband and in laws for dowry harassment and domestic violence stating all the facts clearly.
- If it is not possible to register the complaint in the said Police Station, the visit any Police Station and get a zero FIR registered.
- A case under section 498 A, 406, 323, 506 of IPC can be started on the basis of the complaint.
Relief that can be sought
1. Maintenance/ Monetary Relief
A Wife can claim maintenance section 125 of CrPC from her husband who has sufficient means and refuses or neglects to maintain his wife and/ or children.
Except for this, Monetary Relief can also be sought under section 20 of the Domestic Violence Act, 1961, to meet the expenses incurred and losses suffered by the wife and the children as a result of the domestic violence.
2. Protection Orders
- The Husband and the in-laws can be prohibited from committing further acts of domestic violence or aiding or abetting acts of domestic violence,
- Entering the place where the wife is employed or the school which the children attends,
- Trying to communicate the wife in any form, alienating any assets enjoyed by both the parties or by the wife solely including her streedhan,
- Causing violence to wife’s relatives and other person assisting wife from domestic violence, or
- Any other required protection orders.
3. Custody Orders
Temporary orders of custody of children can be made in favour of the wife or the person making an application under section 21 of the Domestic Violence Act.
4. Resident Order
Following Resident Orders may be passed:
- Restraining the husband and in laws from dispossessing the shared household from victim’s possession,
- The husband and in laws can be removed from the shared household (except for women members of family) or restrained from entering any portion of the shared household where the victim resides,
- Restriction from alienating the shared household or denouncing their rights in the shared household.,
- Direction from securing some alternate accommodation for the victim or pay rent for her alternate accommodation.
Further the accused can be asked to execute a bond with or without surities for prevention of committing domestic violence. For this purpose, the court can direct the officer in charge of nearest police station to give protection to the victim or to help in implementing the order.