Dear Madam,
With due respect to you that, my relative's wife went to her parents’ home on the 7th February 2013 and did not want to come back. The relationship was only about for 3 months. They got married on the 18/10/2013. He tried to bring her back but her parents or relatives never wanted to sit together and talk.
She left on the 7th February of 2013. My relative filed a GD as soon as he was aware about the situation. In the GD he anticipated that she will file a dowry case and torture case. Now after almost 8 months, after many tries she never wanted to come back. Yesterday 09/10/2013, she sent my relative a legal notice prepared by a lawyer. In the notice, the she claimed that my relative claimed 10 lakh taka dowry and she could not pay it. That is why my relative is not bringing her back, stopped all communication since 10/02/2013 with her and threating to divorce her. Now in the notice it is written by lawyer to withdraw the dowry claim and bring her back. But in reality she never wants to come back.
1. In this situation, if my relative divorces her, will she still able to file a dowry case against him after that?
2. Please note that it is a legal notice of false claim and not a court case. In this situation what my relative can do to remain on the safe side?
It would be really appreciated if you can take time to answer the above.
Many thanks
Azmol
0088-01755991488, 01675623096
October 11, 2013 at 5:30 pm
Best Answer
First, you have to reply the legal notice denying all allegations they made against you. You can send her divorce notice but there is no bar for filing dowry case before completing divorce. That's why though you send her divorce letter she can file case against you.
You are welcome for further assistance. If have questions regarding the same matter ask here as comment and if you have questions for separate matter then ask separately.
Regards
Raoman Smita.
Advocate, Bangladesh Supreme Court; ITP
+880 167 562 3096
lawthinkers@hotmail.com
http://www.lawthinkers.com
http://www.lawsociety.lawthinkers.com
October 12, 2013 at 5:35 am
Dear Madam, thank you for taking time to answer the above. I got few more question related to this-
1. If my relative file a divorce, will it still be possible for his wife to file a torture case against him as a revenge? Given that they have no contact since 10/02/2013 and the legal notice sent by her also claimed the same. In the legal notice prepared by her advocate there is no mention of torture but dowry only. Also according to the legal notice she is living at her parents house since 10/02/2013?
2. If answer is yes, what can be done in his defense in this situation?
3. If she files a torture case or dowry case will the police arrest him straight away? or the court will send a notice first and give him some time to take bail from court?
Would be grateful if you can spare some time and clarify the above. Many thanks in advance.
Kind regards
Azmol
October 12, 2013 at 8:29 am
1. Yes.
2. GD is the only option. You already have done this. But make sure you have given all information relating the time of her leaving from the home and other information specifically. If not then file another GD with proper information and detail of the issue.
3. Warrant can be issued immediately otherwise investigation will be done. It depends on the case status.
Regards
Raoman Smita.
Advocate, Bangladesh Supreme Court; ITP
+880 167 562 3096
lawthinkers@hotmail.com
http://www.lawthinkers.com
http://www.lawsociety.lawthinkers.com