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Pavan Kumar (Manager)     01 April 2022

Domestic violence

Hi, need help please. 

My daughter in law filed DVC and 498A against me, my wife, my daughter and son in law.  She didn’t originally imploded her husband but later after enquiry in the court she imploded her husband. My son and daughter in law both colluded and harassing us to grab my property for which I got injunction order. After filing DVC and 498A both my son and daughter in law staying together and gave birth to a child while the case is pending which shows they are living happily and harassing us. Can you please suggest howto counter this and any case laws related to this matter. Thanks. 


 9 Replies

Harshvardhan Singh Soam   02 April 2022

what help do you need specifically?

Dr J C Vashista (Advocate)     02 April 2022

Are they (son, DIL and their son) staying with you, your wife, daughter and son-in-law ?

If so, issue them notice followed by suit and/ or complaint before Maintenance of Parents & Senior Citizen Tribunal (Deputy Commissioner) to vacate the house through a local prudent lawyer.

Kishor Mehta (CEO)     02 April 2022

498A and Dv cases do not stand scrutiny of law unless specific acts of violence are proved with medical evidences. Such cases against in-laws can be easily quashed by approaching Hon. High Court.

You had better consult a practicing advocate of your area.

Pavan Kumar (Manager)     02 April 2022

Thanks so much for the suggestions. 
my DIL. Son, and their son are not staying with us. After their marriage they just stayed with us for 2 months and moved to a different state for his job purpose which is June 2016 since then they are not Staying with us.  She filed these cases in 2018 mentioning that while she stayed 2 months from March 25,2016 to June 4,2016 we harassed her. 
I wanted to know she filed these cases in 2018 and in 2020 she gave birth to a child which means they both DIL and son are happily living together. In this situation will the DVC and 498 A still sustain? Do we have any specific references of judgements related to this so that I can use them for reference. The problem here is my son is collided with the DIL family and trying ti grab my property. They unnecessarily imploded my daughter and son-in-law into this who are actually taking care of us now. Looking for specific judgements , if any, related to this kind of situation. 

Kishor Mehta (CEO)     02 April 2022

You have an open and shut case. 498A & Dv cases have absolutely no grounds. You may file harassment complaint against your son and daughter-in-law. You may debar your son from your self earned property. 

Consult a practicing local advocate in your own interests, 

Dr J C Vashista (Advocate)     03 April 2022

In the circumstances both the cases are not maintainable

Seek professional services of a local prudent lawyer to defend and protect your interest..

Palak batra   03 April 2022

Dear Querist,


False 498a cases are quite common within the society and tons of steps are taken by Hon’ble Apex court also to stop its misuse. One can quash the false allegations under 498a, when there are vague allegations within the FIR. A FIR may be a first document on which the entire investigation and chargesheet is predicated .


Here come two sections of the IPC to assist you, one is IPC 182 and 211 IPC. Sec. 182 prescribes a punishment for 6 months and fine just in case a person gives false information to a employee , on the idea of which the general public servant takes certain action which he won't have taken if he had known truth state of facts. On the opposite hand, u/s 211, there's an ono use of the term ‘public servant’. As per this provision, an individual who institutes or causes to be instituted any criminal proceedings against a person to cause him injury, knowing that the complaint and allegations are false, is susceptible to face imprisonment for a period which can reach two years. Further, if the charge alleged discloses an offence which is punishable by death, or a minimum imprisonment for seven years, is punishable with imprisonment for a maximum period of seven years.


In the cases of 182 IPC during which the false information is given to police. Then therein case that policeman can write a complaint and forward it to a concerned senior officer. Who than forward a proper complaint to the court which than initiate proceedings under 182 IPC


In the cases of 211 wherein the case is already pending against the accused person in court. Then therein case the court during which trial was running an application under section 340 CrPC is filed then the court initiates further action under 211 IPC.


There are many judgments related to false complaints under sec. 498a where the woman tries to put false allegations on the husband and his family like Pranab Kumar Chakraborty vs Kumkum Chakraborty, Bhupinder Kumar Son Of Shri Desh ... vs Smt. Varsha Rani Wife Of Bhupinder. 





Pavan Kumar (Manager)     03 April 2022

Thank you all for the suggestions and help. Appreciate your guidance. 

P. Venu (Advocate)     11 April 2022

Yes, you have option to seek discharge from the Trial Court or to approach the High Court Under Sction 482 CrPC to get the matter quashed.

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