LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sai   29 March 2022

498a and dvc on in laws after death of husband

Hello sir/madam 

1)My younger brother expired on 30-12-2020,(committed suicide )his wife (no childrens) made an agreement of 5lacs (on 3-01-2021 with help of elders of both the parties on white paper ) and left our house on the same day of agreement. 

2)my brother  works in MNC I went to his  office to settle that 5lacs .company HR said we recieved legal notice from  his wife sent on the very next day (31-12-2020)of our brother death to COMPAY(mentioned not laim any death benefits of my husband without my knowledge) we given reply ,stating no specific  data available in company data base and he(my brother ) mention solely nominee as his father and we are not entertained with family disputes 

3) after my Enquiry I informed to elders (panchayat members) I ll pay 5lacs if she give NOC TO COMPAY 

Later she filed 498a and dvc on my parents and on me elder son

HOW TO SOLVE THIS CASE PLZ HELP ME 



Learning

 6 Replies

Kishor Mehta (CEO)     30 March 2022

Legally wedded wife has equal claim over her husband's properties alongwith non-earning parents, and dependent young siblings. 

Filing 498A & Dv against in-laws after the death of her husband and after already having left the matrimonial residence is unfructuous.

Employer is within his rights to withhold the effects of the demised employee on receipt of an objection from one of the beneficiaries.

Defending the 498A & Dv cases and filing legal demands with the employer for the effects of the demised employee are the only options.

Palak batra   31 March 2022

Dear Querist,

 

A list of legal remedies that one can use for protection against section 498a IPC if a woman decides to misuse the law and threatens to register a false case against you for personal gains.

 

Collect all Evidence & Documents: The first step in proving a false accusation would be to gather all substantial material elaborating well on the 498a case details.

 

Get an Anticipatory Bail: If you think your wife may file an FIR under Section 498A, hire a criminal defense lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police move ahead to arrest you or your family members. You can file for anticipatory bail for protection against section 498a IPC case under Section 438 of CrPC[1].

Get the 498a FIR Quashed: You can also get the false 498A FIR quashed by High Court under Section 482 of CrPC. Courts are generally reluctant to quash an FIR or interfere in the law and order process, but if you have sufficient proof, the court has the power to quash the false 498A FIR filed by your wife.

File an FIR against your wife for false 498A complaint: You can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favor such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife. Get your complaint drafted by a good criminal lawyer so that the police cannot reject it on any grounds. If the police refuse to register your FIR, you can file Nhi written complaint against the police officer, with the Superintendent of that police station.

File a case for Restitution of Conjugal Rights: If your wife has left her matrimonial home and went back to live with her family, you can file a case for RCR i.e. restitution of conjugal rights against your wife under Section 9 of Hindu Marriage Act(2). You can mention all the terms and conditions that she’ll have to follow to start living with you once again.

File a defamation case against false 498A case: You can also file a defamation case against your wife for maligning your image by filing a false 498A case against you. 

While fighting the 498a case, the duration of the case will depend largely on the evidence produced before the court and how efficiently your lawyer fights in the court representing your case.

 

Regards,

Palak

Shweta   02 April 2022

Hello Palak,

Could you please elaborate? 

Thanks!!

Palak batra   02 April 2022

Dear Querist,

 

The  list of  remedies that protects you from IPC Section 498a, if a woman decides to abuse the law and threatens to file a false proceeding against you for personal gain. 

 

Collect all  evidence and documents: The first step in proving the false  claim is to collect all relevant material to better understand the details of the 498a case. 

 

 Get Bail: If  your wife is suspicious, you can submit Section 498A FIR, hire a criminal defense counsel, and get bail to prevent the arrest of you or your family. Early bail is like preventive bail if  police  arrest you or your family. Section 4984 CrPC Forward Vail Section 498a may be required to protect against the  IPC case. 

 

498a FIR Overthrow: It is also possible to overthrow the 

498a fri forged by the High Court under Section 482 of the CrPC. The court usually does not want to overturn the FIR or interfere with the process of law and order, but if there is sufficient evidence, the court has the power to overturn the false 498A FIR submitted by his wife.

 

Submit a  False 498A Complaint  to Your Wife: You can  submit a FIR for your wife to use the racket, or you can submit a False 498A Complaint to you. Indian police usually do not support such FIR, but if you absolutely guarantee your case, Police  cannot refuse you to submit an FIR to your wife. .. Let a good criminal defense counsel draft your complaint so that the police cannot deny it.  complaint with the police officer of the police station supervisor. 

 

 False 498A Libel Claims: for  False 498A You can also file a defamation proceeding against your wife for defamation by filing a defamation proceeding. 

 

 When fighting a 498a case, the length of the case depends largely on the evidence presented in court and how efficiently your lawyer fights in the court representing your case.

 

Regards,

Palak 

 

P. Venu (Advocate)     13 April 2022

First of all, it was wrong on your part interfere and manipulate in the disbursement of death benefits to the wife of the decased brother. Such benefits are not the assets of the deceased employee which devolve upon the legal heirs. They are the entitlement of the 'Family' as specifically defined. And for a married person, the wife is the principal beneficiary. For instance, Section 2(h)  of the Payment of Gratuity Act defines 'Family" as follows -

2(h) "family", in relation to an employee, shall be deemed to consist of - (i) in the case of a male employee, himself, his wife, his children, whether married or unmarried, his dependent parents [6] [and the dependent parents of his wife and the widow] and children of his predeceased son, if any   ......................................

The wise course is to let the law take its course.

As reagards to the cases filed, you have option to get them quahed if the charges are baseless. 

 

Parasar   15 April 2022

your question is confusing

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register