B N Agarwal 01 September 2015

Need advice

My sister married two years back. Due to domestic violence and other issues their relation get very strained and we brought sister home 3 months back. All her jewellery and original documents were left there. Since then we were trying all possible efforts to resolve the matter with her in-laws through mediators but no result and waiting.

Now few days back, we found that boy family filed fake case and police came home for enquiry, that we beaten them at their home and brought sister with jewellery and other belongings. We had also filed dowry case 3 days back.

Please advise now what all further cases can be filed against them to get divorce and to get our jewellery and documents back. Secondly in these type of cases what steps we need to take to win our case. What are the final result in this type of scenario.

Please help.

Thanks for your immense support.

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3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 02 September 2015

Sir,

I mean your first course of action should be to file a complaint in women call as soon as you brought your sister back home, becasue now if you file the same that will be considered as an afterthough. But now you can file a complaint for 498A and 406 in the women cell and get the FIR registered and if the women cell ask as to why you have not filed the complaint earlier tell them that you were trying to settle the things out of court, but when the boy's side filed a false complaint against us, then we have to file it.

Ensure that you make allegations only of the facts which you can prove in the court of law, I mean don't put much of a drama in it.

You can claim maintenance, Full and Final Settlement if you feel the girl don't want to stay with them anymore and be careful of what u allege, because proving is the real test for a court case.

Warm Regards

Kapil Chandna Advocate

9899011450

advocate.kapilc@gmail.com

KS Johal 03 September 2015

From the given scenario it appears that there are no children within the family. Yes domestic violence should never be tolerated. It is good that you have bought your sister back home. Has she stayed there longer it could have been dangerous for her to stay. Domestic violence is a crime in itself. With regards to jewelry and other things that you may have given. In order to recover this I would firstly concentrate on the marriage relationship that itself. If you know or feel that a settlement could be made in the future then I would not try to recover the jewelry and other things especially at this time. If you are certain that there is no way that your sister is going to go back only then we should pursue that avenue. I hope this helps. KS Johal