Section 386 cr.p.c.

Querist : Anonymous (Querist) 28 December 2011 This query is : Resolved
"X" a mother filed a case U/S 12 PWDV Act against her son "A" and daughter-in-law"B" for relief U/S 18,19,20 & 22.She also filed application U/S 23 for a monthly maintenance of Rs.12,000/- from "A" by claiming on oath that she didnot have any source of income and she was on the statge of starvation.She suppressed the fact that she has been getting a monthly pension from GOI of around 12,000/- also at the time of filling this case she was having Rs. 5-6 lakhs worth FDs with various banks and also around 3-4 lakhs in 4-5 saving bank account with various banks.The son collected all these evidences and filled an application U/S 340 for prosecuting "X" for committing perjury. In the meantime the Magistrate granted an Interim Protection Order in favour of "X" restraining "A"&"B" from committing physical violence against "X" on a false complaint made to the police that both the respondents had assualted her (this relief was not demanded by her in her sec. 23 application).

"A" & "B" filed an appeal U/s 29 gainst this Interim Protection Order. The appeal is pending before the session court for the past one year.

Now the question is can the Session Court dismiss the complaint of "X" U/S 386 Cr.P.C.beacuse of the following reasons.

1. The Apex court in Dalip Singh Vs. State of UP & Othrs. (2010) 2 SCC 114 has held that anybody who comes to court with tainted hands is not entitled for any relief Interim or Final.

2. Also In Varsha Kapoor vs. UOI & othrs the Delhi High Court has held that a mother-in-law cannot make a copmplaint against her daughter-in-law under PWDV Act.

Kindly advise and if possible then kindly fornish some citation for dismissal of this complaint U/S 386 Cr.P.C. or any other provisions of law.

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Devajyoti Barman (Expert) 28 December 2011
Since the allegations are subject matter of trial, the court is unlikely to dismiss the complaint.

However before that do clarify why did your mother file such vase against you?

A mother can do such thing only when the son falters in his duties.

Deepak Nair (Expert) 29 December 2011
Legal fight between mother and sons!!!!!!
Difficult to say whether the court will dismiss the Complaint. You may have to fight it on merit.
Please be sure that you will be able to convince the court. Since being unaware of the facts of the case, i am unable to comment further.

Querist : Anonymous (Querist) 29 December 2011
1.The mother filed this at the instigation and abetment of her two daughters as the mother and the two daughters don't like the daughter-in-law and has been regularly demanding dowery from the DIL and also compelling the son/brother to divorce the DIL and marry agian since the DIL is unable to conceive. The son/brother didnot succumb to their dictates and didnot divorce his wife.

2. The mother is widow and the house in which they are living is jointly in her name and her late husband's name. And a sizeable amount of the consideration was paid by the daughter-in-law thru cheques out of her own fund/ account(Stridhan) and this cheque no./amount paid to the vendor is mentioned in the registered sale document. Apart from this the mother and her late husband entered into An Agreement of Family Arrangement that the daughter-in-law would be entitled to stay in the house with her family till her life and no third party interest would be created without her consent. The Oral Arrangement was that after sometime this property would be transferred in the name of the daughter-in-law and her husband(Son).But after the death of the father the said two daughters of the mother -in-law started abetting the mother to dispose off the property.Based on the this written Agreement of Family Arrangement the daughter-in-law went to Court for Permannat and Mandatory Injunction restraining the mother the mother-in-law from disposing off and dispossessing her from the house. The Court granted stay in favour of the daughter-in-law. And in reaction to this stay order the mother-in-law filed a complaint against her daughter-in-law and son under PWDV Act instigated and abetted by her two said daughters.

All the above facts have been submitted before the trial Court.And the entire file of the trial court is with the Appellate Session Court. Kindly advise.

Deepak Nair (Expert) 29 December 2011
Now the outcome of the case will be on how you present the case and evidences before the court.
As advised above, you have to fight the case on its merit.

Shonee Kapoor (Expert) 01 January 2012
Rightly stated.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Section 386 cr.p.c.

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