498a
Manjula
(Querist) 20 October 2017
This query is : Resolved
Hi sir, I'm Manjula from Bangalore. My sister in- law filed fake DV against my brother & family. Case is in court since 2 years & 6 month back court told us to pay interim payment. We haven't paid since she is working & staying separately from past 2 years. Lawyers advice us pay it off some amount so we are paying it. I would like to know what further action she can take & how can I protect my family? 15 year got over for my brothers marriage that too love marriage & non of us went to their marriage, can she file 498a case now? Please advice us. Regards, Manjula
Manjula
(Querist) 20 October 2017
Hi sir, I'm Manjula from Bangalore. My sister in- law filed fake DV against my brother & family. Case is in court since 2 years & 6 month back court told us to pay interim payment. We haven't paid since she is working & staying separately from past 2 years. Lawyers advice us pay it off some amount so we are paying it. I would like to know what further action she can take & how can I protect my family? 15 year got over for my brothers marriage that too love marriage & non of us went to their marriage, can she file 498a case now? Please advice us. Regards, Manjula
Ms.Usha Kapoor
(Expert) 21 October 2017
There is a possibility of filing dowry case u/s 498A Against you and your family members. Contact a good family law expert or divorce law expert to render proper guidance to you.She may also file for return of her stridhan( Dowry articles,presentations given to her by her family, friends and relatives) during wedding time which she must have entrusted to her husband/your brother. u/s 406 of IPC.for safe custody.
Dr J C Vashista
(Expert) 21 October 2017
No one can stop her from filing "any" case including case under section 498A/406 IPC against her husband and family members, be clear in your mind.
You have the only option to contest the case(s) filed against you and your brother/family.
It would be better to settle the dispute(s) amicably to avoid multiplicity of litigation.
Dr J C Vashista
(Expert) 21 October 2017
You have already engaged an able, competent and intelligent lawyer to contest the case(s), isn't it? Have you lost faith in him/her? If so, change him/her immediately otherwise consult him/her and proceed as advised.
There is no need to obtain second opinion from experts on this platform which shall be based on the limited information (half-backed) and may damage your case(s) except the fact it (opinion and advise of experts) is available FREE OF COST.
Manjula
(Querist) 21 October 2017
Thank you for the reply.. Please give me opinion and advise of experts contact details..
Guest
(Expert) 21 October 2017
Possibility of filing 498A case cannot be ruled out. If you feel your advocate is not guiding you appropriately, in addition, it will be better if your brother gets in touch with some family laws experts for constant advice from time to time during the trials.
Guest
(Expert) 21 October 2017
Rightly advised by the experts. However, stringent precautions are a must to be followed to avoid 498A case.
Vijay Raj Mahajan
(Expert) 21 October 2017
Firstly criminal complaint u/s 498A IPC has to be lodged with the local police by the wife who has suffered cruelty from her husband and his other relatives, this need not be just dowry matter because for dowry demand there is the Dowry Prohibition Act and dowry issue related to the time of marriage not after 15 years of marriage.
Yes the issue of harassment relating to unlawful demand by the husband/relatives for any property or valuable security or is on account of failure by her or any person related to her to meet such demand is part of the section 498A IPC, and this need not be at the at of marriage but can be anytime during the marital life of both.
Secondly as experts in legal field no one can presume if in the present case wife will lodge any such complaint u/s 498A IPC or not. More over if she lodges the complaint the police has to initially investigate if such complaint has any truth or not in its content.
In many cases now police refuse to register the FIR u/s 489A IPC after initial investigation the complaints as those are prime facie mostly found false and made just for the purpose of settling financial account with husband/relatives for dissolution of marriage and getting huge amount of alimony. The Police in such cases avoid being part of intimidation process being followed by large number of married disgruntled women in Indian society nowadays.
The courts as well police departments refer the parties for mediation to settle their scores and agree for reasonable amount of alimony amount for calling off their marriage, the chances where the parties reunite are few as after a wife moving out of matrimonial home and filling criminal complaints is not at all welcome back in by husband/relatives.
Anyhow no presumption can be made by anyone if in your case the wife will lodge complaint u/s 498A IPC against her husband/relatives or not.
For detailed paid legal consultancy : vijaymahajan5758@gmail.com
Rajendra K Goyal
(Expert) 21 October 2017
Agree with the advice from expert Vijay Raj Mahajan.
Manjula
(Querist) 21 October 2017
Thank you for detailed reply.. please advise us to take what action we should take before her filing 498a case??
Sudhir Kumar, Advocate
(Expert) 22 October 2017
You say you did not go to marriage as it was love marriage but other party can successfully argue that you boycotted dowryless marriage.
So buy peace.
