Protection for mother

billy (Querist) 05 March 2015 This query is : Resolved
I have been slapped with false 498a and DV cases by my wife and in-laws. They've got exparte order in these cases by bribing the magistrate. They did this by intimidating me with rowdy elements and not letting me attend court.

Once my FIL attacked me within the court hall but when I complained to the magistrate she's saying please don't get me into this, complain to the police. I've lodged complaint with police but no action taken so far.
In another incident my FIL sent a rowdy to attack me in the court campus which I took photo of the rowdy and made formal complaint in PS. The rowdy was caught by police and he accepted that he was sent by my FIL but no FIR was registered due to FIL influence.

Now recently my ailing mother was asked to appear in court and while coming out FIL and wife again created problems and threatening my mother.

1. Is there any way to protect my mother?

2. Is the DV protection only for DIL? How can I protect the modesty of my mother?

3. Can my mother file any case against my FIL?

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Devajyoti Barman (Expert) 05 March 2015
1. Yes lodge complaint with police and them move the court for necessary order. Consult a good lawyer. i think you're getting proper advice. And do not make reckless and wild allegation like ' bribing the magistrate' in public platform. The order made against you does not mean the magistrate is bribed.

2. Do as advised above.

3. Yes u/s 323, 504, 506 IPC.

Guest (Expert) 05 March 2015
You can act upon the advice of Shri Devajyoti Barman.

ajay sethi (Expert) 05 March 2015
your mother can file Dv complaint against your wife and Fil . your mother can file complaint of criminal intimidation against FIL

billy (Querist) 05 March 2015
Thanks Experts for your valued opinion. The allegation is not mine, its what the PP told me after taking me inside her chamber and said 'there has been huge money involvement in your case so better be careful'.

I'm only pained by the fact that my ailing father (who suffered a heart attack) and my ailing mother (who has breathing problems) being unwantedly dragged into these false cases expecially when they have never resided with us in the same city. My wife, kid and myself were living in city 450kms away from my parental house. But they have been dragge into these cases as accused and magistrate insisting on warrant for them to appear.

For u/s 323, 504 and 506 IPC is it necessary to lodge complaint with police and then move court or can my mother move the court directly? I ask this because whenever my mother travels to my city for the court hearings they create unnecessary trouble and I'm highly worried for their safety. Can the case be lodged in my mother's city of residence? because they are old aged and cannot travel due to their ill-health each time for this

Rajendra K Goyal (Expert) 05 March 2015
Agree with the expert Devajyoti Barman and ajay sethi ji.

Adv. Sagar R. Jadhav (Expert) 05 March 2015
Yes, as per latest Mumbai high court judgement a sister and mother of husband can file complaint against wife under DV act.

Dr J C Vashista (Expert) 06 March 2015
I fully agree with experts advise, no room left. Contest the case(s) ultimately you will have the day with you. Truth prevails.
Best of luck.

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