dhruv (other) 24 September 2013

Case against my wife and in laws 4 intention to cause death

I have audio evidence of my in laws provoking my wife to become violent to my dying mother, and causing disharmony by not caring for anyone in matrimonial house (provoking her), father is a old weak heart attack patient and diabetic.

Mom died shortly after my wife left with kids (taken away by wifes father mother and brother)

Wife instead turned violent on me (witness was my son), have a audio conversation recording with him later on.

They filed 498a (and typical other charges), DVC on me and my family at time when my mother was dying.

Can I file cases against them or go to police for criminal cases:

- Intention to cause death by shocking

- Causing disharmony, breach of peace

- Intentional harassment

- Filing false cases (have strong audio proof for this)

Which IPC codes should I use and will the police register FIR and can I make a case against them in court?????

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3 Replies

adv.raghavan (Advocate,9444674980) 24 September 2013

what is the position of 498A and DV case now? if you are so devastated with her action go for divorce under section 13 of HMA, under cruelty,make use of all the evidence in the court of law,and try to get rid of her. Making son as witness will not hold good in the court of law, i will not advice to go for any action under IPC,because it will be counter productive. Instead of fighting with her take care of father as u said he is also weak.

dhruv (other) 24 September 2013

Have been told that we have got arrest stay, but yet to see the paper of the arrest stay. Mediation will be done in high court now. Mediation in my RCR case seems to be going to fail.

FIR in investigation stage no chargesheet yet.

FIR says they gave dowry etc... so can we file dowry case on them for claiming to give dowry (truth is that we did not ask nor took any dowry)?

She was violent to me but not to my parents. Is it possible to file some criminal case for provoking her at a time when my mother was dying and putting us in this situation when my mother was dying.

The shock of her leaving caused my mother to die earlier and in more mental agony. Her grandchildren were taken away during her last days....

I want to register some criminal case against my wifes parents for proving and causing cruelty to my dying mother for these reasons. Her mother used to provoked her to be violent to my mother for no reason... (her mother is kind of psychotic) I have audio evidence.

Can something like this be used to pressurise them to tone down and take their cases back?

(Guest)

Adding further with the reply of Adv Raghvan as he has advice you righlty...

1. There are many IPC sections like 301,383/384, 33,34,39,94 and many more...

2. But what will be the use,If you are so much hurted by her then get rid off her by using same proof as mental cruelity by her,you will get divorce as soon as you can.

3. Even you can win the custody of child on these particular causes.

4. If all the allegations prooved then it's a very harsh condition to even claim maintennace as all act's are heinious which can't stand for her any claims further.

5. I have posted several judgement related to mental cruelity done by wife you can read and convince the judge accordingly.

regards.