Dowry
Sangeeta Kumari
(Querist) 23 August 2014
This query is : Resolved
My name is Sangeeta Kumari. I got married in 2011 and since then living with my mother in law. My father in law is living separate from my mother in law since my marriage. My husband has an elder brother who got separated immediately after his marriage. They did not show any concern about my mother in law since 11 years of their marriage. Earlier my husbands elder brother and his wife used to give 2 time meals to my father in law as they used to pull out cash from him. When he stopped giving money, the elder brother and his wife stopped asking him for food. Since 3 years of my marriage, me and my husband has been taking care of my mother in law. She is very greedy and from the 2nd day of my marriage kept taunting me on small small items. I ignored till now just for the sake of my husband. My husband had a major accident in june due to which his left hip bone got fractured. I was working earlier but had to leave my job because of my husbands accident. Being too much tortured and mentally stressed me with mutual agreement of my husband we got separated 2 months back. This was prior to my husbands accident. I was with my parents. My husband had shifted few major items like bed, almirah on 2nd floor. That time he gave all my jewellery to his mother to keep safe so that when time comes he'l take it back. But things have changed after my husbands accident. My husbands elder brother and his wife have started showing concern for my mother in law. Just because property in which we are residing is in her name. They got to know about my jewellery being kept with my mother in law. They teach her daily to go against my husband and me. My mother in law realised that now my younger son is handicapped, my daughter in law is jobless, they won't be living with me anymore, so i cannot pull anything more from them.5 days prior me and my husband have shifted to 2nd floor. My mother in law has refused to return my jewellery as taught by her elder son and his wife. Moreover, she keeps on warning me to step out of the house. Daily she abuses me and my parents. I want my mother in law and her elder son and his wife to be punished anyhow. Please suggest me a suitable ground on which i can file a case against the three. I do not want my husband and my father in law to be harmed as i do not have any complaints against them. Can i file a dowry case?
ajay sethi
(Expert) 23 August 2014
file complaint under section 498A against your mother in law and brother in law / his wife .
you can also file DV complaint against your mother in law / brother in law and his wife . seek return of your streedhan . however before taking extreme step better consult your husband .
Sangeeta Kumari
(Querist) 23 August 2014
Thanks Ajay sir. My husband is fully in my favour. I have already filed a complaint regarding stridhan in local police station. But that only mentions my mother in law. But i want my brother in law/his wife to be punished too. Please guide me on this
Sangeeta Kumari
(Querist) 23 August 2014
Also if i file a case against 498A will it harm my husband and father in law in any way? I want them to be protected against the charges
Shonee Kapoor
(Expert) 23 August 2014
It can be a simple case u/s 406. There is no dowry harassment involved and you can not choose and pick people excluding your husband to file 498a.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
Dr J C Vashista
(Expert) 24 August 2014
I agree with expert Sh. Shonee Kapoor, it is criminal breach of trust and domestic violence against your MIL, BIL and his wife.
Take proper care of your husband and FIL, keep them cheerful and in confidence. Besides this, tell your husband and FIL, not to leave your matrimonial house.
I fully agree and appreciate the expert advise of Sh. Shonee Kapoor ji, "If you don't fight for what you want, don't cry for what you LOST."
Rajendra K Goyal
(Expert) 24 August 2014
Agree with the expert Shonee Kapoor and Dr J C Vashist.
malipeddi jaggarao
(Expert) 24 August 2014
Do not entertain the idea of taking revenge. With the help of your husband take back your jewelry and leave the house. Live separately. Who are you to punish somebody. You can not take law into your hand. You want property of mother-in-law and do not want her. You want to exclude your brother-in-law's family in claiming the property of your mother-in-law. If you are interested in her property, treat her fairly. If not, leave the house and make separate establishment.
Devajyoti Barman
(Expert) 24 August 2014
498A can not be filed excluding the husband..yes case u/s 406 IPC is better proposition here.
T. Kalaiselvan, Advocate
(Expert) 27 August 2014
Even in my opinion, a complaint u/s 406 IPC will alone fetch you the desired result, consult a local lawyer and take his further advise and then proceed.
Biswanath Roy
(Expert) 28 August 2014
Start a case u/s.406IPC against your mother-in-law, and tag your Brother-in-law and his wife in that case as abater u/s.120B IPC
