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  • Category: Indian Law

    About Ex-parte Divorce and Dowry Money

    Hi, I am Anita. I have some serious matter about my marriage and want to know the way. I got married in 2014 and it was totally arrange marriage. The boy told me he is an Engineer and getting 41, 000 salary in Bhubaneswar. At that time I had just completed my M.Tech. So my parents want to get me married soon. Within 10 days, my marriage had finished and I went to his home. On the same day, I came to know about my husband that he is not an Engineer and he is a salesman in Milk agency and getting only 6, 000 per month. Then after one day I came to my own home and told to my parents. A few days later I went to Bangalore for a job. In 2015 he divorced me as an Ex-parte. During that time, my father asked for his certificate, even till now I don't know his qualification. I didn't receive any kind of divorce notice at that time. After the ex-parte divorce he hasn't returned my ornaments, dowry money 2Lakh, Furniture, Bike, till now. He again got re-married also and had a boy child. What should I do now and how can I get back all of these things. Kindly suggest me.
  • Answers

    9 Answers found.
  • How ex parte divorce is granted? Did you not attend the court when notices were served for the hearing. Did you file a case for divorce or did he?
    If you have not attended the court when they called for many times, the court will have the freedom to sanction ex parte divorce.
    Did you get the judgement copy and read it? What does it say? As per the decree, if he has to return the mentioned items to you, he should return them within the stipulated time. If he has not done means it will be a violation and he will be punished for that.
    What I suggest is you get a copy of the judgement and see the conditions in the judgement and then you can challenge the court decree in the next court saying that the other party has not followed the court's judgement. It is better to contact a lawyer and show him the court proceedings and follow the advice given by the court.

    drrao
    always confident

  • Thanks for your valuable reply sir. I didn't get any notice even I didn't file a case. Because they have threatened me if you will take any action then we will murder you. I don't have any support means no brother, no sister, no cousins, only my father. My father also doesn't have a brother and sister. I am only one child. So my father got afraid of the threat and didn't take any action. But now I want to take action and want to get back all of these things. From 2014 to 2021 my all dowry money and belongings are with them. In court ex-parte court notice, he didn't any mention my items and money.

  • Some more points are needed to give suitable and practical suggestions.
    Were you not aware about divorce proceedings? Did you not get any intimation from his lawyer or from the relevant court in this regard? How did he convince the court that you are leaving it for ex-parte order?
    If at any time there is sufficient proof that you were served with the summons or any other proper intimation about the proceedings and there is proof that you had received such intimations and summons and even after that you had not bothered to present your side and absented, then natural he would have got the ex-parte order.

    (But in your follow up response you have clarified that you were threatened.)

    It was foolish and wrong on your part not to have approached court or Police and sought protection from him. You should have consulted a good lawyer, taken help of some well wishers, friends or even the local ward members, political party functionaries etc.

    Now, as much time has lapsed, things are more difficult.

    So at least now you have take help of well wishers, good lawyer, people who are in government and power or some helping local ward member, politician etc. Sure, you have to spend time, money and also face inconveniences. There are such risks.

    As he had already got married with another woman and having his family life, there will be more difficulties for you now. Moreover the legal proceedings may prolong on various reasons and points. assess the overall advantage and disadvantage in this regard of time, money, convenience and peace of mind. Also first properly assess what is his real backing for his ability to threaten you. Assess whether he can still go with threatening you.

    Then first send him a lawyer notice by a good and reputed experienced lawyer asking him to return all the ornaments and money he owes you. In case any threat comes intimate police and seek protection and seek court intervention to restrain him. Then file case against him civil and/or criminal. Do all this with consulting good lawyer and well wishers. You also may need to have all the proper documents and proofs to establish your claim.

    But you need proper proof and documents to convince the court and a real will power to stand steady facing any difficulty.
    Best Wishes.

  • Hi, I have all proof against him. Kindly suggest to me how can I get back my dowry money and all my belongings. I do not need a maintenance charge. I need only my belongings. How it is possible?

  • Anita, please my previous response. I had suggested the path you may follow.
    Take help of some we wisher or friend and also legal help and proceed.

  • You were divorced Ex-parte in 2015 and you could not raise your voice or approach police or court due to the threat to your life. But it is never late to seek for justice and you can still make efforts to lodge a court case and get your things back and if you win the case the person would get a suitable lesson also. There might be some mistakes from your side in understanding the court orders or you might had not attended the court due to some reasons and benefit was given to the boy by the court and that is not a very unusual thing as some influential people generally do such things and exploit the gullible people in the society.
    You have to contact some good lawyer who is well versed with the marriage dispute cases. He will make the case in details for filing in the court and what I suggest is that try to give the correct details from your side and do not give any point which later you will not be able to prove in the court. One thing that primarily is to be asked from the court is to ask for police protection as threat to the life is there. Once protection is granted then your job becomes easier and the other party also becomes cautious of not doing any harm to you. If you have any such WhatsApp message from the boy that he had threatened you then keep it as a proof as it would be very helpful during the court case.
    When you make the case then include everything in it and do not give any concession to the boy. Such people do not deserve any mercy. Ask your lawyer to include not only the maintenance costs but also the compensation for the mental agony that you had undergone during this incident. Remember that the boy had deceived you by telling a series of lies about his qualifications and job and that is a fraud and cheating. Please prepare a comprehensive case asking for everything in damages as well as your right to the Stridhan (jewellery, money, and other materials) which was given to you by your parents at the time of marriage.
    If you want to get success you have to go ahead in a big way and also remember that legal cases take time and you should be prepared for a long battle. As per your narration whatever you have mentioned here it is apparent that injustice was done to you and you deserve the legal recourse in the matter. If by chance you have not disclosed certain things here then please tell them to your lawyer so that he takes care of those things before the other party can blame you for something which you had not done. Other party will also try to make fictitious charges on you but if you foresee them and take care covering them in your appeal for justice then the other party will be at the loser end.

    Knowledge is power.

  • Thank You very very much, sir. Your points are very useful for me.

  • Whatever has happened to you is definitely a shocking experience for which you were not prepared. Normally such type of mismatch is not common in our country since the parents take the bridegroom to be absolutely correct and moreover the way the boy interested for the marriage alliance talks so impressively with his would in law that the father of the bridegroom cannot resist his temptation to go ahead with the marriage settlement of his daughter.
    Mind it whatever has happened in the past due to the hurried decision was a temporary shocking situation but it does not mean that this cannot be straightened at the present moment. You need to take a few realistic steps to arrange your derailed life. The following points would be helpful to you -
    1) Meet a reputed lawyer having good rapport in the settlement of marriage dispute cases. You will have to respond to his queries and the informations given by you should be precise and to the point. On the basis of your revelation, he would be in a position to take a right step in your case.
    2) There are some major points to be discussed with your lawyer that the boy passed on a wrong information in relation to his qualification apart from his non willingness to return your Stridhan consisting of Jewellery, money and other items.
    3) Don't be afraid of the fictitious charges made by the other party.
    4) Ask your lawyer to include compensation for the mental agony with which you are currently facing.
    5) If you sense some danger such as life - threatening from your divorced husband, ask your lawyer to arrange a police protection so long you feel unsafe.

  • Thank you, sir. Thanks for your valuable reply. I will utilize all of these points.


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