Dowry

Hi ganesh.

sad to read your story, but unfortunately, such terrorrism is going on everyday in almost every alteranate household. so first things first.

dont be tense and keep calm, keep your elder parents calm, as elderly people tend to get shocked by such 'bolts from the blue' by the wicked daughter in laws. you should be the pillar of strength.

secondly, immediately, hire a seasoned and trusted advocate and appraise him of the situation. 

write a detailed letter of such threats and messages received from the woman, to with copies of that letter given to the local police station, the womens protection cell, and the police commissioners office. 

dont file for RCR, if any lawyer advises you to. RCR is a futile exercise to try and avoid maintainence. but maintainence cannot be avoided. hence dont file RCR, if you have solid grounds. then file for divorce immediately

start depositing money into the womans account regularly every month, this will help you a lot in the maintainence case which she will eventually file on the husband. so before the court finds you at fault. you get yourself corrected. 

check and see if your own jewellery is at home or not. which you and your family has owned. there can be a possibility that the woman might go away taking your jewellery along.

keep calm, dont panic. be mentally, physically, and financially prepared to fight the ' terrorrism; unleashed on you. 

But what if i write a detailed letter of such threats and messages received from the woman, to with copies of that letter given to the local police station, the womens protection cell, and the police commissioners office, and as a result if the woman files 498A, 406.

Will my whole family be arrested including my sisters who do not stay with us.

Finding fault with a woman who implicated the parents of her mother-in-law and the families of her husband's sisters currently residing abroad in a dowry harassment case under section 498 A of the IPC, the high court has issued certain guidelines to the state police to enforce the anti-dowry law. One of the main directions given is not to arrest the accused involved in dowry harassment cases without securing the permission of the district SP or any other officer of the equal rank in metropolitan cities.

Ganesh your brother should have to inform to the police that his wife had left your home and now she is sending threatening sms in which she is blaming us and warned us that she will file dowry harrasment case upon me and my family , she had taken all of her jewellery and valuable things with her , simultaneously you must try for amicable settlement of both the parties by taking help of your relatives from both the sides , your brother cann't file divorce within a year of marriage.

nothing left to add agree with experts

Thank you very much Experts for educating me on this subject.

Will arrest be the sole dicision of SP, whether it depends upon any investigations. What if police file a falls charge sheet and present the same in front of SP.

 

in the case of 498A before regestering fir an investigation will take place the SP/DCP police send the case to the caw cell they call both the parties and try to solve their matter then and there they work as a mediator , they take three -four meetings and try their best to make compromise in between them , if the compromise happened they release them by giving a warning not to repeat in the future if that mediation failed and the caw cell not convinced with the views/ evidences of the boy then the caw cell send back the file to SP/DCP in this recommendation , registered the fir against the boy & other family members then the caw cell also warned you , they are going to file fir against you and other family members , then you can approach to the high court for obtaining AB for yourself whose names are in the caw cell .

I agree to the views expressed by Mr. L K Joshi on the subject issue.  However, whatever precautions you take, nothing will forbid her from lodging complaint against you and your close relatives, you cannot stop her from doing so.  Moreover, she has already sent you messages stating that you people demanded house and also have looted her jewellery in advance, it means she is being (mis)guided properly by some force from behind that she is creating a platform to prosecute you all properly and legally in the later stage.  The ball is in your court to take precautions accordingly.  Take the help of a local advocate, register your complaint against her in the light of her messages and threat calls with the local police and also send a copy to the Dist Suptd of Police so that in the event of she plans to trap you all people under her false complaints, you may take shield through your advance complaint against her.

Sir, I am really thank full to all of you for educating me on this subject.

Moreover I have contacted a lawyer in this regards who is very dear friend of mine. He told me if I will take any legal step that will further put me in trouble, let the girl side take the required steps against us as mentioned in the SMS. Then we will answer to their queries.

He Has advise us that you stay calm, police will have to do the required investigation before arresting you, if they wont then we can put the questions in RTI for the arrest, as girls tend to misuse 498A, high court has advice police to do the required investigation before making arrest.