468a of crpc
M. SREENIVASA RAO
(Querist) 21 March 2012
This query is : Resolved
MY ONLY BROTHER-IN-LAW AND HIS WIFE(BOTH ARE NOT WORKING) MARRIED TO DURING DECEMBER 1998 HAVING 4 YEARS SON ALL OF THEM HITHERTO LIVED WITH FINANCIAL ASSISTANCE OF MY FATHER-IN-LAW WHO IS A RETIRED STATE GOVERNMENT EMPLOYEE, TEMPORARILY STAYED WITH US(MY WIFE(EMPLOYED IN PUBLIC SECTOR GENERAL INSURANCE CO.), MY SELF(RETIRED BANK OFFICER),AND TWO MALE CHILDREN)FROM SEPT.,2011 ON WARDS FOLLOWING ILLNESS OF MY MOTHER-IN-LAW(DEMISED ON 23-01-2012), IN THE SIDE BY PORTION OF OUR HOUSE, DISBUTED WITH US(ME, MY WIFE AND MY FATHER-IN-LAW) OVER DIVISION OF PROPERTIES IN THE NAMES OF MY IN-LAWS, SELF ACQUIRED BY MY FATHER-IN-LAW, DEMANDED FOR HUGE AMOUNT IN SETTLEMENT AND WENT AWAY FROM OUR HOUSE ON 20.02.2012, STARTED LIVING SEPARATELY. HER RELATIVES(MOTHER AND HER SISTER) CAME TO OUR HOUSE, UTTERED VOICES IN THE SAME TEMPO DEMANDING HUGE AMOUNT AND DIVISION PROPERTIES. MY BROTHER-IN-LAW'S WIFE PREFERRED A COMPLAINT WITH POLICE STATING THAT WE HAVE HARASSED HER, THROWN THEM OUT OF HOUSE AND DEMANDED FOR HUGE AMOUNT. SHE ALSO STATED THAT MY WIFE ROBBED HER HUSBAND'S SHARE OF PROPERTY CLAIMING HE IS INNOCENT. THE POLICE PURSUED US FOR SETTLEMENT NARRATING CONSEQUENCES, WHICH HAVE NOT ACCEDED TO. WE GOT RELIABLE INFORMATION THAT SHE IS GOING TO FILE A CASE UNDER 498A TO ARREST US(MY WIFE FIRST TO SEE THAT HER JOB IS LOST, MY SELF AND MY FATHER-IN-LAW). MY WIFE AND HER FATHER HAVE LODGED INDIVIDUAL COMPLAINTS (REGD.POST ACK.DUE LETTERS) WITH SP OF POLICE AND CONCERNED POLICE STATION NARRATING THE WHOLE STORY AND REQUESTING FOR SUITABLE AGAINST MY BROTHER-IN-LAW, HIS WIFE AND AND HER RELATIVES TRYING TO DEFAME, INTIMIDATE BY USING 498A AND DEMANDING HUGE AMOUNT IN SETTLEMENT, WITH COPIES MARKED TO STATE HUMAN RIGHTS COMMISSION. PLEASE ADVISE US THE PRECAUTIONERY STEPS. THANKING YOU.
YOURS SINCERELY,
M.SREENIVASA RAO
Shonee Kapoor
(Expert) 21 March 2012
The wife can not file a 498a where the husband is not made accused.
You may refer to the judgement below
Vijeta Gajra Vs. State of NCT, Delhi. 2010(6) SCALE 533
It is a plain civil dispute which is given the color of criminal offence.
Don't bow down and fight it out.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ajay Bansal
(Expert) 22 March 2012
First of all file an application for anti-cipatory bail,in which your side can get some releif even without lodging of FIR against you. Then cotest the said case, if made out.
Shonee Kapoor
(Expert) 23 March 2012
Rather fight it out even before registration of the FIR.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
