• False allegation by sister in law

Our sister in-law is living separately in a rental accommodation since last 4 months in nearby town with her two daughters aged 8 &15 years studying in 3rd and 9th standard. She was living under joint family with her husband and parents [in-laws] since last 14 years under same roof. 

Since last 2.4 years she started taking training for cloth stitching in nearby town [where she is residing now] and started objecting house jobs and field jobs and spending most of time in shop 9am-6pm, which was earlier 4-5 hours. Thereafter she started sleeping separately from her husband, with her daughters.

Her husband and all family members tried a lot to console her but she started blaming 
1- Her husband is drinker so she will not stay with her.

4 months back one fine day she started quarrel with month in law in morning and we called Panchayat members for amicable settlement of issue but she given WRITTEN STATEMENT that she is leaving house at her own will and she take responsibility of my daughters upbringing. She came to home and taken up all her belongings and shifted to Rental accommodation.

During this discussion she clearly told in Panchayat and in front of villagers and her mother that she is leaving house at her own will.

Question:
1- Now she submitted complaint in Panchayat and in police station [may be] that her in-laws are harassing her for dowry. 
2- She is complaining that her all gold ornaments has been taken by in-laws.
3- Her husband used to beat her daughters after drinking.

Now Family Background-
1-Father in-laws- Army retired getting pension 16,000 per month- age-72 yrs.
2-Mother in-law house wife-age- 69 yrs
3- Her Husband is vegetable hawker daily wages worker earning Rs 200/- day. now he is jobless due to family /social situation-Age- 44 Yrs.
4- Sister in-law is earning Rs 3500/- per month through stitching-Age 39 yrs..
 
We are trying for settlement of this issue since last 3 months, against which she put allegation for harassment- so we stopped to visit her shop. 

Family is under pressure due to such false allegation- please suggest way out to settle this issue.
Asked 6 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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13 Answers

Brother, she has just made a complaint , the FIR is not yet registered.. If no offence is found out during investigation the police will Dismiss the complaint .. 2) if you have a written statement of her living Seprately with her own will you can use it as piece of evidence for filing divorce on grounds of desertion ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

See any proceeding before the panchayat is a nullity. those documents can just be used as a prove.

She can ask for maintenance only by filing a case under section 125 of Cr.P.C.

There is no such punishment for her

If you want you can proceed and file a divorce suit to settle the matter for once and all

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Rely upon giirl written statement that she left house on her own free will

Police would issue notice to family members deny allegations made

Apply for and obtain bail

Wait for filing of charge sheet

Ajay Sethi
Advocate, Mumbai
94711 Answers
7530 Consultations

5.0 on 5.0

If wife earning more than husband she is not entitled to maintenance

She has no share in laws property

You can file complaint of criminal defamation against wife under section 500 of IPC

Ajay Sethi
Advocate, Mumbai
94711 Answers
7530 Consultations

5.0 on 5.0

Police can lodge FIR on basis of complaint by wife

2) apply for and obtain AB in sessions court

3) daughter in law cannot seek share in father in law pension

Ajay Sethi
Advocate, Mumbai
94711 Answers
7530 Consultations

5.0 on 5.0

Send her a legal notice proposing settlement and propose that in case she does not settles, you will contained to file a suit for restitution of conjugal rights under section 9 of the Hindu Marriage Act. Try to pursue the matter with her once the legal notice and sent to her and if good sense prevails, she may settle the matter. 15-16 years of marriage is a fairly long time and any allegations of violence, cruelty and dowry harassment after such a long time are only going to raise a lot of brows. Having said that, it does not means that such an allegation cannot be entertained but the onus n the female to prove her allegations is very tough to discharge.

No need for AB as there is no automatic arrest and FIR in 498a cases.

She may approach the Court seeking maintenance but since she's earning more than the husband and enough to sustain herself and the daughters, chances of grant of the same to her are minimal.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You can apply for anticipatory bail if you want .. After getting anticipatory bail you will not be arrested through out the trial till the final decesion of the case ..2) she can ask for maintainance even if he is not earning.. Court presumes that some amount he is earning for his survival even if he is unemployed

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. The meeting or settlement made in panchayat has no legal sanctity and if she lodges complaint the police can anyway register FIR and initiate the case.

2. Wait for FIR to be registered. now immediate arrests has stopped.So you get ample time to apply for anticipatory bail once FIR is registered.

3. Unemployment of husband is no excuse if his wife is also unemployed. So she is likely to get miantence.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

She can ask maintenance only from her husband.A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.

As per your query it seems that she has no such claim raised in future. As per the WRITTEN STATEMENT that she is leaving house at her own will and she take responsibility of my daughters upbringing. It can be use as an evidence. Desertion is a continuing offence. A wife is not entitled to any allowance if she, without sufficient cause, refuses to live with her husband.More over a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. A well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband.

If she file fake case then contest it on merit and needed take anticipatory bail

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

yes police can frame FIR but the written statement will be used as a defense when police will take your statement.

You can seek the anticipatory bail in advance, the same is granted from the lower court and you may contact a local lawyer for the same, it is not a difficult thing considering the circumstances of your case.

No father in law is not liable to pay any kind of maintenance.

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

If she has voluntarily left the matrimonial ho,me without any valid reasons, then it can be termed as wilful abandonment of matrimonial home by her.

Her husband can issue a legal notice to her asking her to return to the matrimonial fold or else to express her willingness for mutual consent divorce.

If she is not responding to this legal notice he may file divorce case on the grounds of mental cruelty mentioning that she intentionally left the husband's house and has started harassing him with false dowry and other related criminal cases.

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 Consultations

5.0 on 5.0

1- Does she ask for her maintenance claims?

She can file maintenance case but it is her burden to prove his income.

2- does she ask for claims on in laws property- lands, etc ?

She cannot claim any share in his property during his lifetime as a right.

2- If we prove her all allegation false, than is there is any punishment for her ?

No punishment for her, just her case will be dismissed.

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 Consultations

5.0 on 5.0

1- Despite of her written statement in presence of Panchayat/ Village members & her mother, does police can frame charges through her FIR ?

The statement before panchayat is not binding and the reported incidences may have even taken place after the statements given to panchayat, since this is a continuous offence, the same is maintainable.

2- Should be seek anticipatory bails in advance ? What will be validity of anticipatory advance bail and process to get it please ?

If a FIR is registered then it is advisable that you obtain AB

3- As her husband is not well and not earning anything now, in such case, does she ask for maintenance from her father in law pension amount ?

She cannot claim maintenance from her father in law for any reason,

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 Consultations

5.0 on 5.0

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