Urgent Advice needed

Your sister can give a complaint for dowry demand. But this may ruin her life. So talk to your brother-in-law through some elderly persons and impress upon him that his demand is shameful and unlawful. In case he sticks on to his demand and harasses your sister, itis better you lodge a police complaint as such persons would come up with a fresh demand even if you fulfil the present one according to his needs.  

Agreeing to give/giving or demanding/recieving dowry is illegal and punishable under law.

Giving of any valuable movable/immovable property to a girl during or after marriage can be done by way of gift.

You can register the land you intend to give to your sister by way of a gift deed in such a way that your sister can enjoy the benefits of the property during her life time and thereafter the rights to be vested in her daughter.

In this way you can be assured that even if you register the land in your sister's name, her husband or in-laws cannot make unlawful gain by forcing your sister to sell the land and give him cash.

So far as with regard to issue of giving cash or land at some other place, it is upto you whether to give them or not.

With regard to divorce issue, matrimonial matters are very sensitive and any hasty step may ruin the lifes of not only the husband, wife and their children if any but also the family members of the husaband and wife.

With regard to demand and harassment for dowry, as Mr. Prakash rightly stated, you can give a complaint to the police or even file a case in the court but again any such step would only worsen the situation instead of resolving it.

So be cautious and rember that the future and life the innocent little daughter of your sister is invovled before you or your parents or your sister take any decision.

Dear,

      In your query first of all you should lodge a FIR or lodge a complaint against the husband to the Dowry prohibition officer in your city who is District probationary officer in your city and the officer can enquire about the dowry demand lastly you can file a criminal case against the husband under Dowry prohibition act 1961 in the court of matropolitan magistrate/judicial magistrate the offence is non bailable and non compoundable .

Invoking DPA is the last resort to a wife. Try for a compromise. The solution given by Mr. Ramakrishna is advisable. You know the family ties are only like vanishing creams. It will be stable so long as it is stable. Family life is a total mismanagement. So please don't take any decision in haste. Watch him and  talk to him thorugh elders. use your community and religious relations. Continue talking. Man needs a wife in some occassions. Go on talking with him don't stop and withdraw yourself. Wife be kind and loving to him. He will come to see the child. AND DON'T EVER CALL A HUMAN BEING BASTARD. That shows you are also not clear with clean hands for crating problems. Good luck and best wishes.

Mr. Y. Prakash and Mr. K.C. Suresh have rightly advided.

I understand Mr. Suresh,  I am not supposed to call any human being a Bastard, I ask an apology for that....

But then, if i have to call him like that, then, imagine the pain that he has given us over the last year and a half...

anyway, i do understand that, there's no point in having a grudge against him, all i want is my sister to be happy...

As suggested by many efficient Lawyers here, we have made an attempt to try and speak to him, but then, that has been useless...

since we are not from proper City Limits and since he stays inside city limits, he is of the gut opiion that maybe we wont go the extent of Police of Law and so, he is trying to make us get scared, this is what i feel...

now, can anyone of you kindly suggest me some what legal steps can i take now and whom should i contact now... i will be very happy if any of you can give me the contacts of some efficient Lawyers, whom i can approach personally...

Before i advise i required some clarifications.

1. Now she is living together with her husband in matrimonial home/ parental home?

2. Are you  ready to give site something him?

3. Your sister opinion in this regard including her future life?

In Your sister case it is cleary dowry case. please cantact if any urgency  " Vanita Sahaya Vani, contact No. 1091"  in Bangalore at Commissioner office.

sanjeev desai 

Sir,

         You can very well lodge a complaint before the police for offences U/S 4 of Dowry Prohibition Act and also U/S 498-A of I.P.C If the police is not in a position to entertain your complaint you can approach the Judicial Magistrate court with a private complaint U/S 200 Cr.P.C for offences as i have stated earlier.

         This will be a good approach to teach him a lesson.

I have gone through the various replies. I think before taking extreme step of going to police and court, take one more chance. Approach some good marriage counsellor. If you have exhaused all the remedies, then I think you can safely take that the husband is greedy for money and he doesnt care for wife and daughter. In that case it is always better to break up the matrimonial tie and begin new life. Filing of criminal case as suggested by my friends will certainly teach him a lesson.

NANDKUMAR B. SAWANT.,M.COM..LL.B.(MUMBAI), ADVOCATE

MOBILE.09325226691,  09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com.

With reference to question asked by you.kindly note that,

1.YOU MAY FIRST CALL YOUR SISTER BACK  WITHOUT DISCLOSING YOUR ANGER OR HATRED AGAINST THE OTHER PERSON.

THEN YOU DONT SEND HER BACK AS THE PERSON SEEMS TO BE GREEDY FOR DOWRY.

HIS DEMANDS WILL GO ON INCREASING HENCE IT IS BETTER TO CALL BACK YOUR SISTER. THERE IS NO POINT IN SPOILING HER REMAINING LIFE.

SHE CAN JOIN BEST POSSIBLE STUDY COURSES AND CAN GET A GOOD JOB.AND BECOME INDEPENDENT.

YOU R SISTER MAY FILE A CRIMINAL COMPLAINT AGAINST HER HUSBAND FOR HARASSMENT FOR DOWRY AMOUNT OF 20 LAKHS AND ALSO FOR MENTAL TORTURE HARASSMENT BOTH MENTAL AND PHYSICAL.UNDER SECTIONS 498A , 323,324, 504,506, 34 OF INDIAN PENAL CODE AND NAME THE OTHER FAMILY MEMBERS HARASSING HER.

UNDER SECTION 125 OF CRIMINAL PROCEDURE CODE YOUR SISTER CAN CLAIM MAINTAINENCE FROM HER HUSBAND.

UNDER LATEST PROVISIONS OF DOMESTIC VIOLENCE ACT YOUR SISTER CAN CLAIM MAINTAINENCE , SHARE IN RESIDENTIAL HOUSE AND OTHER PROPERTY ALSO FROM HER HUSBAND AND OTHER FAMILY MEMBERS ALSO.

IN CASE YOU WANT TO GET DIVORCE YOU MAY FILE APPLICATION UNDER SEC.13 OF HINDU MARRIAGE ACT IF YOU ARE HINDU OR AS PER PROVISIONS APPLICABLE TO YOU.

KINDLY SEND DETAILS IF ANY FURTHER HELP IS REQUIRED.

I SUGGEST YOU NOT TO VISIT THE HOUSE OF HUSBAND OF YOUR SISTER AND DO NOT ENTER IN TO ANY QUARRED OR ELSE THEY MAY INVOLVE YOU IN FALSE CRIMINAL CASE AGAINST YOU.ALL THE BEST.

WITH BEST REGARDS

NANDKUMAR B. SAWANT,M.COM.LL.B.(MUMBAI),ADVOCATE

your sisters knows very well what is his husband, giving complaint to the police depends on your sisters decission, as my friends said givng complaint may ruin her maried life, convene 'panchayath', who knows by the advice of the eledrs he may change, the thing you should know is that law always support the helpless women.  warn your B-I-L, the consequences he has to face if he deserts your sister and if he demands money, warn him that you will take criminal as well as civil actions if he continues his behaveaviour, and let him know that you know how to get the protection in law. 

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

kINDLY NOTE THAT THE PROBLEM OF THYAGARAJU IS A COMMOM PROBLEM.

1. IN CASE THE PROPERTY IS ANCESTRAL PROPERTY THEN YOUR FRIEND CAN ASK FOR PARTISION OF PROPERTY  FROM COURT BY FILING CIVIL SUIT FOR PARTISION OF PROPERTY. BUT AS CIVIL SUIT WILL INVOLVE HEAVY STAMP TO BE PAID AS PER HIS SHARE OF PROPERTY.IT SEEMS IT WILL BE DIFFICULT FOR HIM TO PAY STAMP.

INSTEAD I SUGGEST HIM TO FILE A CIVIL SUIT FOR INJUNCTION FOR NOT TO SELL OR TRANSFER THE SAID PROPERTY .THEN IN DUE COURSE THE FAMILY MEMBERS MAY COMPROMISE AND HIS PURPOSE WILL BE SERVED.

IN CASE YOU NEED ANY HELP KINDLY WRITE WITH DETAILS.

WITH BEST REGARDS

THANKING YOU

YOURS SINCERELY

NANDKUMAR B. SAWANT.,M.COM.LL.B(MUMBAI),ADVOCATE

your sister knows very well what type of person he is , giving complaint to the police depends on your sisters decission, as my friends said givng complaint may ruin her maried life, convene 'panchayath', who knows by the advice of the eledrs he may change, the thing you should know is that law always support the helpless women.  warn your B-I-L, the consequences he has to face if he deserts your sister and if he demands money, warn him that you will take criminal as well as civil actions if he continues his behaveaviour, and let him know that you know how to get the protection in law. 'raised stick that makes the d*g obey'

Hi everybody,

Good advises at the end, i wish you to take a proper decision considering your sister's life. Its a better case to study with.

Regards

Arvind