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sneha jaiswal   31 May 2021

Suggest legal remedy

Hello, Learned Counsel!

My cousin got married to a girl without his family’s consent. Although his family was not happy about his marriage as her mother threatened his family to have them all shot by one of her relative if they didn’t agree to their marriage. His family never asked for any kind of gifts in their marriage, however, they still sent some household goods to their house. Now it’s been nine months of marriage and both my cousin and his wife started having problems with each other. Now the girl is threatening my cousin’s family to get them arrested filing a false case of dowry and domestic violence. Please advise, what legal remedy is available to him and his family?  Also, they are not having any evidence to prove that her mother threatened his family and coerce them to give consent for their marriage.



 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 June 2021

1. Simply file a police complaint in your cousin's  nearest police station if she threatens your cousin again. 3. Your cousin may apply for an anticipatory bail if and when she files a complaint against your cousin.

P. Venu (Advocate)     01 June 2021

The query suggests it to be purely hypothetical!

T. Kalaiselvan, Advocate (Advocate)     03 June 2021

If at all the police registers her complaint with a FIR, then your cousin may obtain AB first and then challenge the false cse in the trial proceedings on merits and documentary evidences in his support.

 

Nirali Nayak   17 June 2021

Hello mam, greetings of the day.
As per your query, unfortunately there is no concrete statute present in our country against the false dowry harassment cases. Women use the weapons called Section 498A and Dowry Act to file a false complaint to attack their husband. Section 498A of Indian Penal Code is a provision under which a husband, his parents, and relatives can be booked for subjecting a woman to cruelty to meet their unlawful demands. Although the judiciary is well aware of the misuse of Section 498A, no amendments have been made. If a false complaint has been registered against you by your wife, you have two can either defend your case and wait for the judgement or you can file a counter case against your wife and prove her wrong. You can collect evidence against your wife, record statements etc and defend your family members from going to jail. You can also apply for anticipatory bail once you get to know that a complaint has been lodged against you or your family members. You can file a case of criminal intimidation against your wife under Section 506 of Indian Penal Code, 1860,  alleging that she threatens you to do harm to you or your family or your property. But only evidence can support your case. If you know that the complaint registered by your wife is false you can file an application under sec 227 of The Code of Criminal Procedure, 1973, stating that the 498A case filled by your wife is false. If you can present enough proofs to substantiate the charges, chances are that the judge just dismisses the 498A case as it is a framed one.

Hope this answered your question
Regards
Nirali Nayak
Law Student


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