R/SIR

YOUR FAMILY CAN FILE COMPLAINT AGAINST THE IN LAW’S FAMILY U/S 498A IPC & DOMESTIC VIOLATION ACT IN THE POLICE STATION OR COURT DIRECTLY AS COMPLAINT CASE

ADV RAJESH KASRIJA 09855714554

Sir,

Thanks for the reply.

My sister still want to continue her life with her husband. Because she still understand my brother in law is immatured since his age is just 21 and she has confident that she can make him matured.

Even my brother in law also interested to continue. But the problem is he will stay with my sister for 3 months and again he will listen his family persons misadvise and he will go back from my sister.And again he himself will come and join with my sister. Even my sister and my family understands this.so we accept his immatured ness.

 

But only issue is my father want to get the money back from them and give it to my sister's account.

Initially we believed them thats why my father made joint account on mysister and brother in laws name.

But now only thing we have to do is get the money back and credit in my sisters acount(not in joint account).

Then she can continue her current life as it is with her immature husband. Atleast my father can make my

siter happy interms of money.

 

So my question here is if we make complaint in police station to get money back will it cause any other problem / she can continue her life as stated above?

Sir,

We have tried our best manually to get our money back. Finally my sister's husband family is saying that they can give the entire money back, but they are blackmiling us that if they give the money back then they will make it as final settlement.
 we said them that we dont want any extra money from you and only we are asking only our money what we gave to my sister to continue her life as it is  and how can you make this amount as a final settlement.

But they are not accepting and blackmiling that if u need ur money(they showed all the actual money what we gave to my sister with the calculation of interest what they supposed to give. Infront of my father's brothers and other relatives they showed it.so we have witness aswell) make it as final like that & they are saying they have already got signed from my sister's husband in white papers. so they can do whatever they want like that.

Is it possible to compliant in police/file case like only we need my sister's money back and we dont need to go for final settlement,bcoz my sister and my family still believe she can continue her life with her immature husband and they r blackmiling us they will go for divorce to give the money back?.

 

Please advise on this.

Thanks in Advance.

 

 

Kindly bring neutral relatives/friends from both sides,ONLY AFTER telling them of the whole situation.Then arrange their meeting with ur sister's inlaws and husband,where u and ur family are also present.

This public exposure of their greed,and your nature of amicably settling the issue will make your family worthy in everyone's eyes.ur sister's inlaws and hubby will be pressurised to return all her rightful things.

 

if it doesnt work that way,file DV case ONLY AGAINST people who are abusing...not every one,just for the sake of it.

 

i feel before coming to LCI u shd have discussed this issue with a family counsellor.

 

lawyers are contacted when all peaceful methods have failed.

@ Author

1. So your family is buying PEACE for your sister by "just" seeking Criminal Law intervention for 3 L cash as your side has already got back 20 L of gold !

2. What kind of brother you are? What kind of family yours is who is advised by Adv. and Roshni to negotiate a sister's peace for 3 L cash (even if it otherwise rightfuly belongs to her) otherwise file S.498a IPC and DV Act with a cool rider that file on only such family of in laws side members who are not buzzing from their stand? Thank you for exposing how in false way wife files S. 498a IPC and DV Act. I doubt even if the other side returns this 3 L cash your side will be leaving them happy when the other side has calculated even the interest on principal amount it shows their cautious approach to settle the issue but you are taking advantage of your own sides wrong by seeking advise of criminal remedy.

3. What kind of advise is above where this writer is before in other posts showing to be fighting for “justice and dignity” and here advising just the other stuff. Is this how you empower a wife? Fantastic……no wonder this under 2% conviction rate will never go up because of such widespread misuse and this post is one such “published” example.
Reasoning: 
- You say your Brother in Law is 21 years old.
- 2 yrs. back this marriage took place so at that time your Brother in Law may be 19 years old.
- Now if at the time of marriage your Brother in law was 19 years old then this marriage is illegal first of all.
- Further if 2 years back your Brother in Law was 19 years then your sister may be of same age or younger. Now do not turn back realizing your written mistake and tell readers that na ji she was 25 years old then not sweet 18/19 or so.

- Add this and see if you can convince readers here when you say so pathetically that "only thing your family wants NOW is to remove 3 L cash from joint account and deposit it in a sole account in name of your sister and then everything will be all right with her family as your sister will make this Brother in Law of yours mature”! with money in her account transferredthe brother in law will remain the same and it will be amiracle if after financial transaction completion he turns mature!
- By taking back 20 L gold your side could not make him mature how on earth does your side of family is thinking that by taking back (now that your brother in law side is agreeing to give it back but on settlement as final condition) that your sister will all of a sudden train your brother in law to me worlds most mature person?
- Bravo man I salute the spirit of you and your family first to have given 3 l cash and 20 L as gold as 'dowry' and when you people already got your 20 L gold back then you want further 3 L back and if not given back with settlement (final) signed by them then file dowry and domestic violence case.
- My que. is did you and your family did not break dowry law first of all?
One side a Adv. as writer says file these two case, I don’t see any signs here that your sister who was 19 years or so at the time when 23 L as dowry was given as victim in any way.
- I donot even hear a whisper that your brother in law and his side "demanded" dowry of 3 L cash and 20 L worth of gold since you yourself say that he is your mothers side relative and your father voluntarily gave this dowry.
I condemn such high profile greedy peoples false case idea request such as yours.
- I suggest to use civil remedy to seek return of her 3 L which is a fast and effectious remedy. Further if yoru sister doe not want to live with him seek divorce on mutual consent terms which they will agree since they while agreeign to give back 3 L have even calutlated interest then it shows they will agree to give a final view on your sister's and their son's marriage status too once all 'dowry' are returned just bze all these times no. of round sof talks must have happened between both side on money part and no one sleeps soundly on such two families matters.

@Tajobs Ethically it's wrong to give brand to someone's advice as good or bad. Or,there is always a better and more decent way to say so. Nevertheless,let the author decide whosoever's advice he finds the best. It's not that only you know how to advice,although I have appreciated your legal knowledge in 2-3 places I hope you can understand what I am saying.. Regards,

@ Roshni

Try to understand th social message first.

1. Multi pages you all posts so passionately such as; Meenal, Ambika, Prabhakar, Ashutosh just to name recent good writers writing here that "dowry is bad"/ "it is compulsion of wife and her side that dowry is demanded by other side" / "it is always a husband and his side who ask for dowry" / "a daughter and her side can't get their daughter married if no dowry given" / “without dowry no marriage takes place” blah blah blah.....


2. Now, see when you all write so passionately above and many similar condemnable acts of Indian husbands then when wife and her side seek advise while mentioning such huge quantity of money exchanged either as cash and or as gold then immediately you all are supposed to condemn such acts as "social message" not say hey uncle you want to condemn then do it ethically further add a lollipop hey tau ji I appreciated your 2-3 posts....common Roshni you are fooling your writings not mine and I am not here to get praise of some 2-3 posts it does not mean anything to me if no one praises to any of my posts but donot gie sermons to me talking as high priestess on 'ethics and morality"! Is ethical to tell author to follow what you mentioned I ask you bze you are not a legal professional and or a practicing adv. unlike me?


I feel bad reading it if you people talk so high on dowry and its associated evils in India society and when you reply to this present type of posts it shows the poles apart within your hearts.


It is a mistake post of yours totally if you agree or not agree I am not bounding you in anyway. You are protected by Art. 14, 15 r/w Art. 21 COI which I am conscious of. My only bottom point is if a writer so passionately condemn dowry in several posts then any authors posts smelling of dowry needs public condemnation just bze several other common people reading get a message that dowry giving as well as taking is both a crime that how your social message gets effected not saying hey tau let the author choose right or wrong answer.


Off course a Advocates duty is to protect his client so what ld. Kasrija said in this post I can understand as his duty to a prospective client or as public forum legal advise. But you are a common public with good number of posts daily here so you should raise your public bar It is also what I meant indirectly by my reply roping your name into it.


My English good or bad, understandable not understandable it is readers capacity to understand not my headache. You may tell Admin to ban me just bze my English you do not understand I don’t mind that. 

yes i/we write condemning dowry GIVING AND TAKING.

.basically my target population is the common middle class/lower class families who give it under pressure,although i dont specifically name that i am targeting this calss of people.

i dont target the rich class who may give voluntarily/involuntarily.so i stand by my past preachings.

yes my avtaar v.well displays my inner character.if u dont understand...no problem.i understand myself.that's enuf.and i dont have the patience to persuade others to understand that i am "this" and "that" person.

if i praised ur writings,i did not say so to flatter you.there's nothing to react so much...

i wont appreciate your writings any more henceforth,as i strangely find you mocking at my appreciation each time.....so relax.........

this person is seeking some advice,since it appeared from his writings that his sister's inlaws try to control the newly wed son's life,who is not a v. experienced boy..

he said the bro-in-law also wants to live separately,but inlaws intervene,the sister was not allowed to attend her bro's marriage,she was forced by inlaws to withdraw her money,could not wear her jewels once on an occassion,etc

 

r these behaviors not enuf to make someone believe that inalws are too dominaing?

moreover,hearing him,i advised for marriage counselling/mediation by aquaintances initially,then DV,if it fails...still u say it's wrong advice...then wot shd be dun?

 

u keep saying he gave dowry...here he says father gifted gold to his daughter+3 lakhs...so where is dowry?isnt it streedhan?

 

even if i give him a long lecture,condemning dowry giving,wot results will it bring?he will write in experts section or seek advice elsewhere,after getting irritated.so how does it help?

 

shud i urge him to go to police station and get himself arrested for giving dowry or wotever?or shud i ask the admin to find out from his IP where he lives,so that he can be arrested?tell me..i shl do that.

the streedhan was asked back,since it was under inlaws for a long time.as far as i know,lawfully streedhan shud be given back to the girl after 3 months of marriage,which was not dun.she was disallowed to wear jewels on one occassion also,as told by author.in that scenario,i regard it as cruelty.so i advised accordingly,starting with mediation talks....so?

 

 and btw,i advise usually on same lines(1st mediation,then DV) depending on the problem.i hardly advise 498A,(v.rarely)

So why u point me in this thread only,when mostly all other threads started by female askers also revolve around similar problems (dowry,streedhan,shared household,conniving inlaws,etc)??

@ Roshni

I just ordered lemonade.........

so

Delhi has become cooler

 

hence

PEACE

@tajobsindia

 

Hi,

Please do your reasoning again after going through my update below,

 

1. So your family is buying PEACE for your sister by "just" seeking Criminal Law intervention for 3 L cash as your side has already got back 20 L of gold !

- Everyone knows that no one can buy the PEACE through money. Getting the money back doesnt mean that

I or My family getting the money back to our pocket. My sister doesnt able to get her jewels back from her

husbands family after her marriage. She tried to get it and wear and attend my marriage. But their family is

not willing to give the jewels and they were ready to send my sister without her jewels. So we fought and get

the jewel back and now opened a locker on my sisters name and kept safely.  In similar way we are trying to

get money back and deposit on my sisters account which can atleast  gives the interest which will be bit

useful to survie her living expenses.

 

But they are not ready to give the money back. This is the issue here . And they are blackmiling us that they can only make that as a final settlement.

 

2. What kind of brother you are? What kind of family yours is who is advised by Adv. and Roshni to negotiate a sister's peace for 3 L cash (even if it otherwise rightfuly belongs to her) otherwise file S.498a IPC and DV Act with a cool rider that file on only such family of in laws side members who are not buzzing from their stand? Thank you for exposing how in false way wife files S. 498a IPC and DV Act. I doubt even if the other side returns this 3 L cash your side will be leaving them happy when the other side has calculated even the interest on principal amount it shows their cautious approach to settle the issue but you are taking advantage of your own sides wrong by seeking advise of criminal remedy.

- We are not trying to get any extra benefit from them. At the time of her marriage we made fixed deposit on my sister name which got expired in last 2 years. But that money supposed to be in my sisters account.

But this was not happened and now entire money is in my father in laws account.

3. What kind of advise is above where this writer is before in other posts showing to be fighting for “justice and dignity” and here advising just the other stuff. Is this how you empower a wife? Fantastic……no wonder this under 2% conviction rate will never go up because of such widespread misuse and this post is one such “published” example.

- Please understand you should not finger point any one about their advise.

 

And one more point here is I am not reverting the age of my brother in law. Legally he has completed 21 at the time of marriage. But actual was 19.

 

Thanks.

Hello!

PLZ LOOK B4 U LEAP!

498-A IS A NUCLEAR WEAPON, DO NOT EXPECT THE THEIR MATRIMONIAL LIFE WILL RESUME AFTER LAUNCHING THIS ULTIMATE ATTACK!