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Sachin 12345 (consultant)     25 August 2012

False claim of dowry, physical and mental harassment

 

Dear Sir

One year back my brother got married, It is an arrange marriage at Yavatmal (Our native place) . But from the beginning my sister in law was not cooperative with my brother and used to refuse keeping s*xual relationship with him.  I guess her parent forced her to get married against her will. She used to go at her parents’ home every after 4-5 days. Her parents also used to call her every week end.If we refuse to take her to her parent home then she used to create scene at my home.  

By looking into the above we decided her to keep her at her parent home. and after 20 day we kept a meeting with her parents , uncle etc and told them about her behavior at her home. After giving sufficient proof about her uncooperativeness her father convinced us that she will cooperate us and we should keep her at our home, And we did the same.(We have video recording for the same meeting)

After many call records we have found out that her mother and sister( Divorcee) are unnecessarily dipping their nose in our family and provoked her for not being cooperative, and to be adjusted with family.

After that we she left for her parents home , then after 7 days, we sent  the legal notice stating that you are not cooperating with us and not willing to adjust with our family member, give us written assurance that you will be well behaving and adjusting with family. But after that she filed a legal notice stating we are asking for dowry and harassing her mentally as well as physically. Which is not true!. We dint asked for single penny from her as well as her parents.

Then she came with her mother, Brother, Father and some social worker (Women welfare development members) from her place, for settlement. But legally if we keep her at our home that means we are agreed that we have asked for dowry and harassment, etc. Hence we refused to take her in. Then she filed a case against my mother, Father, Brother and I (Please note I am not staying with my Family as I am settled in Mumbai, and visited my home twice in a year since my brother got married) for dowry, physical harassment etc.

By looking into above scenario, I need some guidance/suggestions regarding following!

1)     What should be our next step?

2)     As I am staying at Mumbai (900 km away), truly I am not involved in the above all scenario, as she put my name into it, what is the chance of my innocence?

3)     If proven innocent, can I filed petition against them under  law of defamation under section 499 IPC

Please guide me accordingly

 

Thanking you in anticipation



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 August 2012

Dear Querist,

 

In such circumstances you should apply for an AB ASAP or a Notice Bail in the least. The former would protect you from an indiscriminate arrest, the latter would facilitate giving you notice of 7 days after registration of FIR and before you are arrested. 

Read : bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/

 

Regards,

 

Adv. Bharat Chugh

Want to Live (NA)     25 August 2012

Hi Sachin,

Adv. Bharat is right take AB ASAP or a Notice Bail without wasting any time.

Hire a good lawyer & be ready to fight. you are living in mumbai is taken into consideration...totally depend on the fact & circumstances.

 

Sachin 12345 (consultant)     26 August 2012

Thanks a lot Mr. Bharat ,I oblige!

Sachin 12345 (consultant)     26 August 2012

Dear Sir

Recently police came to my home, and they took the statement from my brother,and went back!!

We have not applied for AB or anything but from your suggestion we will do it ASAP and will hire a lawyer too.

could you please tell me about my next step. We are thinking of file case as they(My sister in law and her parents) came to our home not we !!!! And they abused/ used offencive language for my mother. my mother was alone at home during that time after some time my brother and father joined her as they were out of town. can we file a chargesheet agisnt father in law for using offecive language.?

 

Many Thanks

Sachin 

Nandha (NIL)     26 August 2012

@sachin,

 

your brother's case is similar to my case. During my absence, my inlaws alongwith their friend who is working in police department came home and threatened my mother when she was alone and my wife went away with them during night time.

 

It has been more than 4 months now. Even I wanted to know whether my mother can file case against my in-laws for threatening her and using abusive language when she is alone at home.

 

Thanks

Nanda


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