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swami (ceo)     07 May 2014

Preemptive measure for section 498

Hello,

It's a complicated situation: Can someone please help me on how can we take precautionary measure against section 498.  Our daughter in law has been abusive with everyone in the family, including her mother in law and husband. We have been trying to save the marriage by not reacting to her actions. Ideally we would like to resolve the situation but we are not sure if girl's side is thinking about filing section 498 against us. We would like to take some pre- emptive measures without them knowing about it. Sending any legal notification to the girl's side may only make the matter worse if they don't have any intention of filing any charges against us. However if they do, we would like to safeguard ourselves, as soon as possible.

any suggestion would be appreciated.

nandan



Learning

 5 Replies

dv (ghvhb)     07 May 2014

A.collect evidence and record her abusive language using micro recorders. B.all her stridhan should be ina locker which she has access to .find a way to get certification of her stridhan and then deposit the article in her locker and very informally have some witness to the fact that she is in possesion of her stridhan or alternatively make sure she does not take the stridhan.away and blame you to be in posession if the same and invoke 406. C.make sure that if you have had any money in form of check or any give and take ....proof that it is not dowry. D.keeo all medical records of her to prove she is fit and fine E.worse case scenario consult a lawyer F safe guard your properties and investment . Don't havr anything on your sons name. If.possible tell your son to go.live on rent ..meaning seperate him ytosafe guard yourself and if you have unmarried daughters I am not a lawyer but a victim and speak from my personal standpoint.

Adv k . mahesh (advocate)     07 May 2014

https://www.lawyersclubindia.com/experts/498-A-SECTION-OF-INDIAN-PENAL-CODE-STEPS-FOR-PREVENTING-ARREST-145656.asp#.U2nIRYGSxZ8

one post i had seen go through this post 

Biswanath Roy (Advocate)     07 May 2014

1. Protection against harassment and cruelty u/s.498A IPC. -  File a complaint in the local Police Station complaining against the DIL that she is regularly threatening you that she will file false case against all of you for harassment and cruelty to her.

 

2. Protection against complaint for criminal breach of trust u/s.406IPC.- Open a new Bank Locker in the name of your DIL and after making a list of jewellaries by the pen of DIL keep those items in the locker.

 

3. To safe guard DV case you shall have to separate your son and DIL in a rented accommodation.

K.K.Ganguly (Advocate)     07 May 2014

1. If you apprehend that she might file police complaint u/s498A of IPC, then collect all evidence against such probable  complaint,

 

2. Audio/Video  record your conversation with her where you are behaving politely but she is answering insultingly, threatening about false 498A complaint etc.,

 

3. Collect evidence all her adverse text messages, emails, SMSs & letters, if any,

 

4. After some time, when you become sure that she is going to file 498A complaint, lodge a police complaint against her cruel behaviour,

 

5. As soon as she lodges police complaint u/s498A of IPC, apply for anticipatory bail for all effected family members,

 

6. Inspite of the above steps, you shall not be totally immuned. The police will extract huge sum of money for not arresting you or for sending the Case Diary to the Court for your gatting AB or to comply with Sec 406 allegation (i.e. return of streedhan),

 

7. So, develop good rapport with local police people.

T. Kalaiselvan, Advocate (Advocate)     09 May 2014

You have been given very valuable suggestion to be followed in your event by many experts above.  While following the suggestions whichever suits you, remain calm for the present, allow her to do mistakes and then take wise decision.


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