• Blackmailing to file false 498a and domestic violence case

my brother got married in aug 2013. his wife behaved as if she is not interested in marriage since beginning and keep arguing in all topics. She went to parents home in may 2014 and now her parents are saying that she is not interested to come back and demanding 25 lakhs if not given will file a false case under 498a,dv against brother n my family. please suggest a way.
Asked 3 years ago in Family Law from Visakhapatnam, Andhra Pradesh
Religion: Hindu
1) refuse to bow down to black mail tactics 

2) if wife files 498A case seek anticipatory bail 

3) with recent SC judgement your brother will get AB from sessions court 

4) file for divorce on grounds of mental cruelty 

5) contest 498A , Dv case on merits
Ajay Sethi
Advocate, Mumbai
46794 Answers
2768 Consultations

5.0 on 5.0

first of all file a complaint against her and her parents who demand money with the threat to file false dowry cases or other cases.

if they filed the cases then apply for AB before session court or HC and get the same with the help of lawyer.

fight the case on merit.
Nadeem Qureshi
Advocate, New Delhi
4880 Answers
226 Consultations

4.9 on 5.0

1. Do not agree to such illegal and exorbitant demands.
2. There is absolutely nothing to fear about the 498A case. once bail is granted which is nowadays liberally granted there is no sting left in that case.
3. However to be on the safer side it would be better of the husband files a suit for divorce on these grounds.
Devajyoti Barman
Advocate, Kolkata
13146 Answers
175 Consultations

5.0 on 5.0

1. Try to collect evidence by audio/video  recording the said threats,

2. Lodge a police complaint against your brother's wife and her parents for threatening and blackmailing you, 

3. Apply for AB if your wife files 498A case against your brother and his family members,

4. Contest the cases filed by her on merits,

5. Let your brother file Divorce suit on the ground of cruelty.
Krishna Kishore Ganguly
Advocate, Kolkata
18772 Answers
453 Consultations

5.0 on 5.0

 Report this to the police station of your area, and lodge an NC of threat and criminal intimidation by her parents.Please mention in the complaint that her parents demanded 25 lakhs and asked you to pay and end the marriage. This would help you in the court if you file an independent divorce as wellas if they gpo whead with a498A or domestic violence.
 Immediately send a legal Notice asking her to return in short time as she stays away without any reason deserting you of your conjugal rights and warn her of legal steps including divorce proceedings. if not responded go ahead  with the divorce petition on grounds of cruelty. Though there is an option to file RCR, if you do not wish to bring her back it is better to proceed with divorce.
Regarding her threat, you do not have to agree for their demand .
In 498A you will get anticipatory bail, and in case she files a 498A, that itself can be made a reason to ask for divorce.Courts are  also taking a lenient view in favour of husbands and in-laws  as it is a threat  in the form of 498A which is mostly misused by wife's as a weapon against husband and in-laws to extort money.
If she files for a domestic violence case you should defend as there is a good chance the court order maintenance if she is not earing.
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

1. Do not bow down to these intimidatory tactics. If you are on the rights side of the law then hold your head high and contest any false cases filed by her. 

2. In the event that a case is filed by her for dowry harassment your brother and the family members who are named by her should immediately seek anticipatory bail to preempt the possibility of being arrested. Once bail is obtained the sword of arrest hanging over your head will fade into oblivion.

3. Thereafter, contest the case on merits. 

4. Your brother may file for divorce on the ground of cruelty.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

File Criminal complaint against her and her family for threatening and illegal demanding Rs.25,00,000/- submit the evidence if any to the police and then file for Divorce on the Ground of mental cruelty and threat to implicate in the false cases.
Sandeep Hegde
Advocate, Bangalore
403 Answers
117 Consultations

4.8 on 5.0

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