Dowry Case

If you need help with dowry case, this guide sets out the legal position and the next steps. Legals365 is the legal platform of Advocate B.K. Singh and associates, based in Delhi NCR.

In short. A woman facing cruelty or dowry demands can file a police complaint under sections 85 and 86 of the BNS (old section 498A IPC), a complaint under the Dowry Prohibition Act, and an application under the Protection of Women from Domestic Violence Act 2005 for protection, residence, maintenance and custody orders. The husband and relatives can seek anticipatory bail, contest the allegations, or settle through mediation.

Matrimonial disputes in India rarely stay in one court. A woman who leaves her matrimonial home after months of harassment may file a complaint at the women's cell, a domestic violence case before the magistrate, a maintenance petition in the family court and, later, an FIR for cruelty and dowry. The husband may respond with a divorce or restitution petition. Within a year the same two families can be in four courts. Understanding what each remedy does, and does not do, is the first step for either side.

This page explains the main laws: cruelty by husband or relatives under sections 85 and 86 of the Bharatiya Nyaya Sanhita 2023 (BNS), dowry death under section 80, the Dowry Prohibition Act 1961, and the Protection of Women from Domestic Violence Act 2005 (DV Act), with maintenance and recovery of streedhan. It covers how complaints are filed and handled by the police, how DV cases run, what the husband and his family can do, how these cases settle, and how the answer changes for live-in partners, NRIs, widows and elderly parents. A short section also deals with animal cruelty, which is a separate law that sometimes appears under the same heading.

Law

BNS sections 85 and 86 (cruelty, old 498A), 80 (dowry death, old 304B), 108 (abetment of suicide); Dowry Prohibition Act 1961; Protection of Women from Domestic Violence Act 2005; BNSS section 144 (maintenance); BSA sections 117 and 118 (presumptions)

Forum

Police station, women's cell or CAW Cell for complaints; Judicial Magistrate for DV Act applications, cruelty and dowry trials and section 144 maintenance; family court for maintenance and divorce; Sessions Court for dowry death and DV appeals; High Court for quashing

Time limit

Cruelty complaint within three years of the last act (BNSS limitation, often extended for continuing cruelty); no fixed limitation for a DV Act application; DV appeal within 30 days; dowry death covers deaths within seven years of marriage

Documents

Marriage proof, list of dowry and streedhan articles, photographs, chats and call recordings, medical records, earlier complaints, income and asset proof, details of the shared household

What dowry, cruelty and domestic violence cases cover

These cases deal with abuse inside a family, mostly of a wife by her husband and his relatives, though the DV Act also protects mothers, sisters, widows and women in live-in relationships. The criminal side punishes cruelty, dowry demands, dowry death and abetment of suicide. The civil side, mainly under the DV Act, gives practical relief: an order stopping violence, a right to stay in the home, money for maintenance and expenses, custody of children and compensation.

The two sides work differently. A criminal case leads to investigation, possible arrest, chargesheet and trial, and can end in conviction. A DV case leads to court orders that take effect quickly and can be enforced, but it does not by itself punish anyone, unless a protection order is breached. Many women need the civil relief more than the prosecution, and many cases are better served by starting there.

The law on dowry, cruelty and domestic violence

Which remedy does what

Cruelty under section 85 BNS (old section 498A)

Cruelty in this section is not every marital quarrel. It must be wilful conduct of a gravity likely to drive the woman to suicide or seriously endanger her health, or harassment tied to an unlawful demand for money or property. Repeated beating, starving, locking her out, constant taunts over dowry with demands for a car or cash, and threats to throw her out unless her parents pay are typical allegations. General statements that the in-laws harassed her, without dates, acts or demands, are the main reason relatives get relief from the High Court later.

The complaint should say who did what, when and where, with any demand described specifically: what was asked for, by whom, on which occasion. Medical records of injuries, messages demanding money, and earlier complaints to family elders or the police help. Old section 498A cases from before 1 July 2024 continue under the IPC, and the courts apply the same law to both, so earlier judgments remain relevant.

Dowry, dowry death and streedhan

Dowry is property or valuable security given or agreed to be given in connection with the marriage, before, at or after it. Demanding it is itself an offence, even if nothing is paid. Streedhan is different: it is everything given to the woman before, at or after marriage, by her family, the in-laws or friends, including jewellery, clothes, cash and gifts. It is her absolute property. If the husband or in-laws keep it and refuse to return it on demand, they can be prosecuted for criminal breach of trust under section 316 of the BNS, and the magistrate can direct its return under section 19(8) of the DV Act.

Dowry death cases arise when a woman dies an unnatural death within seven years of marriage. The police must hold an inquest, often before an Executive Magistrate, and a post-mortem is mandatory. If cruelty or dowry harassment soon before death is shown, the court presumes dowry death under section 118 of the BSA, and the accused has to rebut it. Where the death is a suicide, abetment under section 108 of the BNS may be charged, with a presumption under section 117 of the BSA. These are Sessions trials with serious consequences, and the family of the deceased should ensure the statements of her parents and siblings are recorded early and fully.

The Domestic Violence Act: who can apply and what they get

Any woman who is or has been in a domestic relationship with the respondent, and who alleges domestic violence, can apply. A domestic relationship includes marriage, a relationship in the nature of marriage (a live-in relationship that meets the tests courts have laid down), and family relationships such as mother, sister, daughter or widow living in a shared household. In 2016 the Supreme Court struck down the words 'adult male' in the definition of respondent, so female relatives such as a mother-in-law can be respondents too.

The reliefs are practical. A protection order stops the respondent from committing violence, contacting the woman or entering her workplace. A residence order protects her right to live in the shared household, whether or not she owns it, and the Supreme Court has held that this can include a house owned by the in-laws where she lived as a member of the family, subject to a balancing of rights. Monetary relief covers maintenance, medical expenses and loss of earnings. Custody orders can give temporary custody of children. Compensation can be awarded for mental torture and emotional distress. The reliefs can also be claimed in a divorce or civil case under section 26 of the Act.

How a domestic violence case is filed and run

1. Approach the Protection Officer or file directly

   A woman can go to the Protection Officer of her district, who prepares a Domestic Incident Report, or file an application under section 12 directly before the Judicial Magistrate through an advocate. In Delhi, Protection Officers work under the Department of Women and Child Development in each district.

2. Draft the application with specific incidents

   The application should list incidents with dates, the reliefs sought (protection, residence, maintenance, custody, compensation, return of streedhan), and details of the shared household and the respondents' income. Attach supporting documents and an affidavit of assets and income for maintenance.

3. First hearing and interim relief

   The magistrate is to fix the first hearing ordinarily within three days of receiving the application. Interim or ex parte orders under section 23 can be passed on an affidavit where the situation demands, such as an order restraining dispossession or violence.

4. Service, reply and evidence

   Notice is served on the respondents, usually through the Protection Officer or police. They file a reply. The court may refer the parties to counselling. Evidence is led by affidavit and cross-examination where needed.

5. Final order and enforcement

   The Act asks for disposal within 60 days of the first hearing, though in practice cases take longer. Orders are enforced through the police and the Protection Officer, and breach of a protection order is punishable under section 31 with up to one year or fine.

6. Appeal

   Either side can appeal to the Sessions Court within 30 days of the order under section 29. Orders can also be altered later under section 25 if circumstances change.

The DV case is quasi-civil. Respondents are not arrested in it, and a DV case alone does not create a criminal record unless a protection order is breached.

Maintenance in DV cases and the notice for maintenance

Maintenance can be claimed in a DV case under section 20, under section 144 of the BNSS (old section 125 CrPC), under section 24 of the Hindu Marriage Act during matrimonial cases, and under section 18 of the Hindu Adoptions and Maintenance Act. A woman can pursue more than one, but the court will adjust amounts already awarded in another case. In Rajnesh v Neha (2020) the Supreme Court required both parties to file affidavits of assets, income and expenses, and held that maintenance is ordinarily payable from the date of application. Our page on maintenance and alimony claims explains how the amount is worked out.

A legal notice demanding maintenance is not required before filing a DV application, but many advocates send one. It puts the demand on record, gives the husband a chance to pay, and sometimes opens a settlement. The notice should state the marriage, the separation, the needs of the wife and children, the husband's income as far as known, and the amount claimed, without exaggeration that will be thrown back during evidence. When Advocate B.K. Singh drafts such a notice, he keeps the income claims to what can be shown from documents, because the affidavit under Rajnesh v Neha will be tested against them later.

Police complaint, women's cell and FIR

A complaint of cruelty or dowry usually goes first to the local police station or the women's cell. In Delhi, each district has a Crime Against Women (CAW) Cell that calls both sides, attempts counselling and mediation, and recommends an FIR if reconciliation fails. In Noida and Ghaziabad, women's police stations and police family counselling centres play a similar role. Because section 85 carries up to three years, the police may hold a preliminary enquiry under section 173(3) of the BNSS, to be completed within 14 days, before deciding to register an FIR.

In 2025 the Supreme Court directed that guidelines first framed by the Allahabad High Court be followed in cruelty cases: a cooling period of two months after the FIR or complaint during which no coercive action is taken, and referral of the matter to a Family Welfare Committee. How this is applied varies between districts and with the seriousness of the allegations, so check the current position in the district concerned. If the police do nothing on a genuine complaint, the woman can approach the DCP or file a complaint before the magistrate under section 175(3). Our page on filing an FIR and police complaints sets out those steps.

For the husband and his family: arrest, bail and quashing

Arrest in a cruelty case is not automatic. Arnesh Kumar v State of Bihar (2014), which arose from a section 498A case, requires the police to justify arrest for offences punishable up to seven years, and section 35 of the BNSS provides for a notice of appearance instead. Even so, families often seek anticipatory bail under section 482 of the BNSS once an FIR is registered, especially for elderly parents and relatives living elsewhere, and courts frequently grant it with conditions such as joining investigation and returning streedhan. See our page on anticipatory bail.

Relatives named with vague, general allegations, such as married sisters living in another city or distant cousins, can apply to the High Court under section 528 of the BNSS for quashing, and the Supreme Court has repeatedly warned against roping in the whole family without specific acts. If the parties settle, the High Court can quash the case on compromise even though the offence is non-compoundable. Our page on quashing of FIR and criminal proceedings explains how. NRI husbands should note that an LOC or passport action is possible if they do not join investigation; responding through counsel and appearing when required is safer than staying away. If the case goes to trial, our page on criminal trial defence and appeals covers each stage.

Settlement, mediation and how these cases end

Most of these disputes end in settlement, not judgment. Courts refer parties to the mediation centres in the district court complexes and the High Court, and the CAW Cell or family counselling centre may already have tried. A good settlement deals with everything together: divorce by mutual consent, a one-time amount for permanent alimony and maintenance, return of streedhan, custody and visitation of children, withdrawal of the DV case and maintenance petitions, and quashing of the FIR. Payments are usually split between the first motion, the second motion and the quashing, so that neither side is left exposed.

Settling one case while leaving others pending is the most common error. A wife who withdraws a DV case but leaves the FIR, or a husband who pays alimony before the FIR is quashed, can end up back in court. Our pages on mutual consent divorce and contested divorce and matrimonial cases explain the matrimonial side, and child arrangements are covered on our page on child custody and guardianship.

How the answer changes with the parties

A woman in a live-in relationship can use the DV Act if the relationship is in the nature of marriage, but sections 85 and 86 apply only to a husband and his relatives, which courts read as needing a marriage, at least in form. A widow living with her in-laws can seek residence and maintenance under the DV Act against them. Elderly parents harassed by a son and daughter-in-law have the Maintenance and Welfare of Parents and Senior Citizens Act 2007, with a tribunal headed by the SDM; a mother can also use the DV Act against a son. Muslim women can use the DV Act and section 144 of the BNSS like any other woman, and pronouncing instant triple talaq is an offence under the Muslim Women (Protection of Rights on Marriage) Act 2019.

Where the husband is an NRI, the wife may need service abroad, an LOC request to the police, or help from the Ministry of External Affairs, and orders for maintenance are harder to enforce, so attaching property or income in India becomes important. Where the woman is the earning spouse, she may face a maintenance claim herself in a matrimonial case. Where there are children, custody is decided on their welfare, and allegations of violence will be weighed in that decision. Our page on family law disputes and settlements covers wider family conflicts.

Animal cruelty cases: a different law

Some pages under this heading concern cruelty to animals, which has nothing to do with matrimonial law. Cruelty to animals is punishable under section 11 of the Prevention of Cruelty to Animals Act 1960, and killing, poisoning, maiming or rendering useless any animal is mischief under section 325 of the BNS, punishable with up to five years, or fine, or both. Complaints go to the local police station, and animal welfare organisations and the Animal Welfare Board of India can assist.

The fines under the 1960 Act are low and have long been criticised, so serious cases are usually registered under the BNS as well. Disputes over stray dogs in housing societies are governed by the Animal Birth Control Rules 2023 and court orders, and a resident welfare association cannot remove or relocate community animals on its own. Keep photographs, videos, a vet's report and witness names, as these cases are decided on that evidence.

Documents to keep ready

Mistakes to avoid and what to do this week

Women often wait too long, leave without their documents and jewellery records, or file complaints that are full of general allegations against every relative and short on specific incidents. Husbands and their families often ignore a CAW Cell notice, contact the woman's family with threats, file retaliatory complaints that collapse later, or stop paying household expenses in a way that later counts against them in maintenance. Both sides tend to settle one case and forget the others.

This week, if you are the woman, collect your marriage documents, a list of streedhan with any photographs or bills, medical records and messages, and decide which remedy you need first: protection and residence, money, or prosecution. If you are on the other side, get the complaint or FIR, gather proof of where each family member lives and of payments made, and do not contact the complainant except through counsel. If you want the papers checked before you act, the team of Advocate B.K. Singh at Legals365 can review them and tell you the next step.

Frequently asked questions

What is the punishment for cruelty under section 85 BNS?

A husband or his relative who subjects a woman to cruelty can be punished with imprisonment up to three years and fine. The offence is cognizable, non-bailable and non-compoundable. It replaced section 498A of the IPC for acts done on or after 1 July 2024.

Can a domestic violence case be filed against the mother-in-law?

Yes. In 2016 the Supreme Court struck down the words 'adult male' from the definition of respondent in the DV Act, so female relatives can be respondents. The woman must still show specific acts of domestic violence by each person named.

How do I send a notice for maintenance under the Domestic Violence Act?

A legal notice is not compulsory before filing a DV application, but it puts the demand on record and can lead to settlement. It should state the marriage, separation, needs of the wife and children, the husband's income as known, and the amount claimed. The DV application itself is then filed before the Judicial Magistrate under section 12.

Is arrest automatic in a dowry or 498A case?

No. Under Arnesh Kumar v State of Bihar (2014) and section 35 of the BNSS, the police must justify arrest for offences punishable up to seven years. In 2025 the Supreme Court also directed a two-month cooling period and referral to a Family Welfare Committee in such cases. Families often seek anticipatory bail as a precaution.

What is the time limit to file a domestic violence case?

There is no fixed limitation period for an application under section 12 of the DV Act, though delay can affect how the court views the claim. For prosecution under section 85 BNS, the limitation is three years from the last act of cruelty, and continuing cruelty often extends it.

Can a woman get the right to stay in her in-laws' house?

Under section 19 of the DV Act, a woman can get a residence order for the shared household, and the Supreme Court has held that this can include a house owned by the in-laws where she lived as part of the family. The court balances her right against the owners' rights, and alternative accommodation may be ordered instead.

How can I get my streedhan back?

Ask for its return in writing, then seek an order under section 19(8) of the DV Act or file a police complaint for criminal breach of trust under section 316 of the BNS. Courts often make return of streedhan a condition of anticipatory bail. A list with photographs or bills makes recovery much easier.

Can a 498A or section 85 case be withdrawn after settlement?

The offence is non-compoundable, so it cannot simply be withdrawn in the trial court. The usual route is a petition to the High Court under section 528 of the BNSS to quash the FIR on the basis of the settlement, which courts commonly allow in genuine matrimonial settlements.

Does the Domestic Violence Act apply to live-in relationships?

Yes, if the relationship is in the nature of marriage, which courts assess by factors such as living together for a reasonable period, sharing a household and presenting as a couple. A woman in such a relationship can seek protection, residence and monetary relief, though sections 85 and 86 of the BNS apply only within a marriage.

What is dowry death and what is the punishment?

Dowry death under section 80 of the BNS is the unnatural death of a woman within seven years of marriage where she was subjected to cruelty or harassment for dowry soon before her death. It is punishable with at least seven years and up to life imprisonment, and the court presumes guilt once those facts are proved.

Can the husband claim maintenance from the wife?

Under section 24 and section 25 of the Hindu Marriage Act, either spouse can claim maintenance and alimony, so a husband without income can claim from an earning wife. Section 144 of the BNSS and the DV Act provide maintenance only for wives, children and parents.

What can be done about animal cruelty?

Cruelty to animals is punishable under the Prevention of Cruelty to Animals Act 1960, and killing or maiming an animal under section 325 of the BNS carries up to five years. A complaint can be made at the local police station with photographs, videos and a vet's report.