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amrik.mehra (officer)     26 August 2014

An appeal from elder couple

Humble Appeal from Parents in their 80s.

 

WE are husband and wife in our early 80s. We have got two sons and one daughter. Our elder son got married in the year October’03.  IN the marriage we had not demanded any dowry from my in laws.

 

Immediately after marriage our son and his wife shifted to Bhagalpur where he was working with a very large company.  After 4-5 months he got transferred to Kolkata in the same company. After one year he got transferred to Asansol,West Bengal. Again he got transferred to Durgapur after 1 year. At all these places my son and his wife stayed together and we never visited them.

 

In the year October’09, after a minor difference with my son she came back to her father at Amritsar and filed a filled a false complaint with police against me, my wife, my daughter ,my son and my elder son who is also his husband.

 

The police enquired the matter and gave a clean chit to all of us including my elder son and mentioned in their report that the all the allegations against us are false. We had to visit police station on number of occasions. We had to travel 260 KM in a day.

 

IN the meantime she made so many calls to my daughter’s husband. And ultimately it ended up with the divorce of my daughter. We have written proof my daughters husband that they had received information’s regarding the bad character of my daughter from my Daughter-In-Law.

 

Again she filed a complaint with  Amritsat court regarding dowry harassment against all of us. The court discharge all of us except of my elder son who was summoned.  The court has found not a single evidence against me, my wife, my daughter and my younger son.

 

She again moved a application with the Commissioner of Police,Amritsar for reinvestigation of the police complaint. The Police again harassed us by calling us in Police station again and again. WE had to travel 260 KMs in a day. Since there was not a single evidence against me, my wife, my younger son and my daughter, they gave clean chit to us. But lodged a false FIR against my elder son. It  appears that they had managed the Police.

 

She again moved an application with Session Court against the District Court order and asked Session Court for revision of District Courts decision (District Court had discharged us).

 

The Session Court asked the District court for reconsideration of Case. The District Court discharged me, my wife, my younger son and my daughter  2nd time.

 

She again moved a application with District Court under Section 319 (FIR Case) to issue summons to all of us.  The court again rejected her plea.

 

In her complaints she had mentioned that we used to beat her for bringing insufficient dowry and had demanded a Maruti Car from them. But they settled the case by paying Rs. 20000/- in cash to me.

 

She wrote so many letters to the employer of my son and wrote so many bad things against him. Because of bad name in his company, he had to leave his good job.(Letters are not available with us) And after 6 months got a poorly paid JOB where he is drawing a salalry of Rs. 10000/- only. Now she has again written two letters to his current employer. In the letter she has mentioned that my son is Criminal and how can they employ him in their company. She has asked his employer to verify his leave records whether he is attending court by taking leave or not. She has mentioned in her letter that my son is “CRIMINAL’ and always be careful from this criminal. (Copy of the letters are available with us)

 

With folded hands, I would like to request you to please help us by suggesting some remedies to encounter her. We do not want to punish her as we are confident that GOD will surly punish her. WE have lost all hopes. Because of her allegations which are in serious nature we are unable to move in the society. I have lost my one eye because of hypertension. MY bed ridden wife has lost all hopes and is praying to GOD for death. MY daughter is sitting at home.  My elder son is likely to loose his job again.

We do not have any source of income except of my elder son’s salary. I am heart patient and my wife has been diagnosed   some problems in her liver and kidney. Our medicine bill comes to around  Rs. 4000/- per month.

 

There is appeal from an elder couple who are counting their last days to save them  from daughter in law.

 

WE can not fight legal battles any more. Neither  we want to punish her. We just to die with respect as all the allegations leveled by our daughter in law against us including my son are false. Please GOD help us.

 

Can any one justify that we can demand dowry from her after 6 months. How can an elderly couple who are in their 80s can beat a young women. 



Learning

 2 Replies

Ashok, Advocate (Lawyer at Delhi)     26 August 2014

It is not clear on what specific legal issues you want the help. From what you have written, it appears that the courts as well as the police have been taking a reasonable view of the matter by not taking any action against you. All her attempts to rope you in the offence have been unsuccessful so far (at least in respect of the relatives other than your elder son, who is her husband). It is very difficult to stop an individual from filing complaints against others and then pursuing further remedies with higher courts by way of revision / appeal, re-investigation, etc. Fortunately, so far, her efforts have not been successful in this regard (this is unlike many other cases where family members also suffer due to successful false cases). If she has financial resources, tomorrow she may even approach the High Court, but it may not perhaps be possible for your to stop her from doing so. One possible way could have been to file counter-cases against her (such as for defamation or for filing false cases against you), but that would mean further financial burden on you. You can request the courts to impose heavy costs on her for filing false cases against you, but the courts may or may not agree since nowadays usually the courts have a pro-woman approach in such matrimonial cases. In these circumstances, you’ll have to defend in whatever cases are filed by you in future, including revision / appeal in the existing case(s). Yes, of course, if possible, you can arrive at some sort of settlement with her, by agreeing to divorce by mutual consent as well as some compensation / maintenance paid to her, but it may be a difficult task if her demands are unreasonable and moreover, it should be within your financial resources.

 

 

These are some general points that came to my mind, since you have not asked any specific legal point to be answered.

LoneFighter (IT)     27 August 2014

I do not have any words after going through this. I could just shed my tears. Legal terrorism at its peaks. 


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