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MATRIMONIAL DISPUTES
Cruelty with a woman by her husband or the relative of the husband is punishable with imprisonment for a term upto three years and also with fine under Section 498A of Indian Penal Code. Dishonestly misappropriating the articles, jewellery etc of a woman by her husband and in-laws is also an offence punishable for upto 3 years under Section 406 IPC.
Though, these days, it is preferable to avoid the case of dowry, as it is a criminal case in which FIR is registered against the husband and his family members against whom there are allegations, and litigation devours very precious time of parties in courts and therefore, an attempt should be made by both the parties to reasonably settle the dispute for reunion, if both agrees, or by getting mutual consent divorce after settling terms and condition thereof including in respect of alimony, stridhan, child custody etc.
However, it often happens that, due to variety of reasons, one opposite party is unwilling to settle the matter and therefore, the other party either wife or husband, as the case may be, has no choice but to proceed further. Since filing Dowry complaint is normally first step of litigation which lays foundation not only for that case but also for other cases like of divorce, domestic violence, maintenance, child custody etc. and therefore, the contents of dowry complaint are very important to get appropriate relief from the court and it also often works as a catalyst for settlement inducing the unwilling husband to settle the dispute with wife in terms more preferable to wife.
It is advisable to both husband and wife to take reliable legal advice at the earliest as soon as disputes arises between them as timely legal advice and legal action can put a party in far better and advantageous position in the court and many a times a proper counselling by an advocate explaining all ifs and buts of the litigation to the parties may help them reunite also.
Though, these days, it is preferable to avoid the case of dowry, as it is a criminal case in which FIR is registered against the husband and his family members against whom there are allegations, and litigation devours very precious time of parties in courts and therefore, an attempt should be made by both the parties to reasonably settle the dispute for reunion, if both agrees, or by getting mutual consent divorce after settling terms and condition thereof including in respect of alimony, stridhan, child custody etc.
However, it often happens that, due to variety of reasons, one opposite party is unwilling to settle the matter and therefore, the other party either wife or husband, as the case may be, has no choice but to proceed further. Since filing Dowry complaint is normally first step of litigation which lays foundation not only for that case but also for other cases like of divorce, domestic violence, maintenance, child custody etc. and therefore, the contents of dowry complaint are very important to get appropriate relief from the court and it also often works as a catalyst for settlement inducing the unwilling husband to settle the dispute with wife in terms more preferable to wife.
It is advisable to both husband and wife to take reliable legal advice at the earliest as soon as disputes arises between them as timely legal advice and legal action can put a party in far better and advantageous position in the court and many a times a proper counselling by an advocate explaining all ifs and buts of the litigation to the parties may help them reunite also.