• Threat from daughter in law to her senior citizen, father-in-law and mother-in-law

My daughter in law is giving threat thro my son, that she will put all of us under dowry case in jail.Since last two months, she is staying at her parent's home with my 2months old grandson, since 14 Feb 2018.Now she refusing to come to our house by giving one excuse or the other.Two days back she called my son and told him that she doesn't want to continue.My son told her then give divorce, to this she replied that she will never give divorce so that you could not remarry. She wants to stay separate along with my grandson. During this 2 months, my son called her 3 times and told her that he is coming to take her.The first time she refused second time mother refused and third time her father refused.

My daughter is staying separately with her husband and son.She also threatened to put her and her husband in jail.

what we can do under the law to prevent jail and to get divorce
Asked 6 months ago in Family Law from Thane, Maharashtra
Religion: Hindu
1) record her threats 

2) your son should issue notice to his wife to return to her matrimonial home with your grandson 

3) lodge NC with local police station regarding her threats to file false dowry harassment case 

4) in case any false case is filed Police would issue notice to you and other accused to record their statements 

5) there is no automatic arrest 

6) you can apply for and obtain Anticipatory bail from sessions court 
Ajay Sethi
Advocate, Mumbai
52012 Answers
3099 Consultations

5.0 on 5.0

You can do the following:
1. Ask your son to file for divorce;
2. File an FIR against the daughter in law;
3. Also file an application in the divorce proceedings that your son should get full custody of child or joint custody;
4. You can also seek compensation for mental torture, agony etc.
Gowaal Padavi
Advocate, Mumbai
1455 Answers
2 Consultations

5.0 on 5.0

Hello,
First you can file written complaint with police station where you and your daughter in law resides. Then send notice through advocate under section 9 for restitution of conjugal rights on behalf of your son. If she does not replied or behave as per your notice then file divorce suit.
Vikas Musale
Advocate, Pune
10 Answers

4.0 on 5.0

Please file a huressment case on daughter in law and her parents. Although the time passed is very less please wait and watch and apply for anticipatory bail if needed.
In July 18 you may send her a legal notice to come back else divorce petition will be filed.
Vimlesh Prasad Mishra
Advocate, Lucknow
3240 Answers
7 Consultations

4.9 on 5.0

Is there any written evidence on whatsapp or email that she doesnot want to stay with her husband and in laws.

Because if a wife is trying to separate a hindu son from his aged ailing parents it is a good ground for divorce. 
Aveek Bose
Advocate, Kolkata
590 Answers
2 Consultations

4.7 on 5.0

Hi

In reply to your post, immediately write a formal letter through your son asking her to come and join the matrimonial house, without any allegations.
Keep record of of the postal receipt, acknowledgement card etc., for your future use.
Depending on her response next course of action can be worked out.
As far as filing / non filing of cases by her is concerned, we cannot predict.
Keep your record clean and straight.
Good Luck
S Srinivasa Prasad
Advocate, Hyderabad
278 Answers
3 Consultations

5.0 on 5.0

1) You can register complaints against her and her parents for false allegations and threatened since last 2 months from her parentals house.

2) Now you make one plan and ask your son to stay with her, let your son know that you're going to file case against him for alimony for parents from son. And than your son will give reason that because of his wife he is staying separately than let her answer the all questions.

3) Than afterwards compulsory she will come to stay with you, in this drama let your son listen to her and her parents don't worry. There is law with you and your son as well.
Ganesh Kadam
Advocate, Pune
3844 Answers
23 Consultations

5.0 on 5.0

Dear Client,
        I never suggested divorce by mutual consent. Please read again. 

Your son can file for divorce on these grounds:
1. Cruelty: As stated under section 13(1) (ia) of the Hindu Marriage Act, 1955 which deals with cruelty as a ground of divorce. Cruelty is the most widely used ground of matrimonial misconduct and makes and important criteria by courts for granting divorce. It is the continuous behavior which would cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for him/her or your family members to live with the respondent. 

2. Second ground can be: Desertion implies the permanent abandoning of one spouse by the other. It is necessary that, it should be accompanied with a reasonable cause, and without the consent of the other party. 

3. The third option available to you in under Section 13(iii) of Hindu Marriage Act,1955, the petitioner can file for divorce if the other party has been suffering from incurable unsoundness of mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

I would further suggest you the following:
1. If you worry that she will file an FIR or anything else, then you can approach the court and get an ABA
an Anticipatory Bail;
2. If you have evidence (on paper or electronic) that she has mentally tortured you, you can also file a police complaint in the nearest police station;
3. Best option is to file for Restitution of Conjugal Rights under section 9 of HM Act, which proves your son's innocence and his genuine efforts to reconcile the marriage.
4. The last option is to file for Divorce.
Gowaal Padavi
Advocate, Mumbai
1455 Answers
2 Consultations

5.0 on 5.0

Firstly i think your son is trying his best to get his wife and child to stay with him, so he is again and again requesting her to come back. The best is the son should file for RCR i.e. Restitution of Conjugal rights under Section 9 of Hindu Marriage Act. 

And this will also help the husband to substantiate in case if the wife decides to file false case in future and the husbands intention is clear.

As maximum times the wife files false case that the husband has thrown her out of the house.

Grishma Lad
Advocate, Mumbai
18 Answers

4.0 on 5.0

thanks for your appreciation 
Ajay Sethi
Advocate, Mumbai
52012 Answers
3099 Consultations

5.0 on 5.0

Ask your son to file a petition for restitution of conjugal rights against his wife inasmuch as he has been abandoned and deserted by his wife without any just and sufficient cause. 

As regards to your apprehension of getting arrested in a dowry cases, be assured that the same will not be done with you, your son and the other family members since there's no automatic arrest in matrimonial cases anymore. 
Vibhanshu Srivastava
Advocate, New Delhi
6994 Answers
86 Consultations

5.0 on 5.0

Hello sir , as per supreme court guide lines without proper investigation and due counselling a FIR cannot be registerd on merely a complaint given by a women .. Secondly it is advisable that your son should file a RCR petiton under section 9 of Hindu marriage act ..
Hemant Chaudhary
Advocate, Gurgaon
3717 Answers
16 Consultations

4.9 on 5.0

It's my pleasure to help senior citizens in the society for flase obligations and blame.
Ganesh Kadam
Advocate, Pune
3844 Answers
23 Consultations

5.0 on 5.0

1. Please note that as per Supreme Court directive on the Police of all the States of India excepting the State of J & K,, no arrest will be made based on the complaint lodged by the wife without conducting investigation and  without approval of the District Family Welfare Committee. 

2. So, first of all collect evidence of her such threats by way of audio/video recordings and then lodge a police complaint against her for giving threats to lodge false complaint against you.

3. Your wife also can file a DV case against your daughter in law.

4. If your DIL ever lodges a police complaint u/s498A of IPC against you, you all shall have to avail anticipatory bail and then contest the case fittingly.

5. Your son can file a divorce suit against her on the ground of cruelty.
Krishna Kishore Ganguly
Advocate, Kolkata
20127 Answers
496 Consultations

5.0 on 5.0

Your son also can file an application for enforcing his child visitation right for which your DIL shall be directed to allow your son's or your visits to your grand son on scheduled dates and times.
Krishna Kishore Ganguly
Advocate, Kolkata
20127 Answers
496 Consultations

5.0 on 5.0

Dear Sir,

Now the things under section 498A has been drastically changed by the Hon’ble Supreme Court. Better get issue a legal notice and file a case either for Restitution of Conjugal rights by your son or for divorce by your son as a defense. It will be shield for you in future.
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No arrest in dowry cases till charges are verified, says Supreme Court
…..family welfare committee
NEW DELHI: Expressing concern over disgruntled wives misusing the anti-dowry law against their husbands and in-laws, the Supreme Court on Thursday directed that no arrest or coercive action should be taken on such complaints without ascertaining the veracity of allegations.
	
Acknowledging a growing trend among women involved in marital discord to abuse Section 498A of IPC to rope in their husbands' relatives — including parents, minor children, siblings and grandparents — in criminal cases, a bench of Justices A K Goel and UU Lalit said it was high time such frivolous cases which violated the human rights of innocent was checked.

This is a shift from the dominant judicial conception of women as victims who would silently suffer injustice rather than bring disrepute to their family by taking domestic conflict outside the four walls of the home. Going by the popular portrait, it is only the worst victim of abuse among women who approach the court for redress.

On Thursday, the court broke away from the reigning perception to rule that in dowry cases, the account of the alleged victim need not be taken at face value.

Undercutting the innocence law enforcement agencies had so far assigned to complainants in dowry harassment cases, the Supreme Court on Thursday directed all states to set up family welfare committee (FWC) in each district and tasked them with testing the veracity of every complaint.

"It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women...

Many such complaints are not bona fide. At the time of filing of the complaint, implications and consequences are not visualised. At times, such complaints lead to uncalled for harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement," the bench said.

"We are conscious of the object for which the provision was brought into the statute. At the same time, violation of human rights of innocent cannot be brushed aside," it added.
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More FAQs for your personal guidance.
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Q. Can my wife or her family file a false 498a (dowry) case against me? What are the indications that a wife or her family can file 498a? 
A. There are some indicators which are listed at: http://www.geocities.com/gorky_maksim/pages/assessrisk.htm

Q. Neither I nor any of my relatives demanded or have taken any dowry. Can she still file 498a?
A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation. 

Q. I have given a huge amount, say Rs. 5 lacs, to my wife or her parents by cheque. Can she still file 498a? 
A. Yes. No investigation is done before 498a is filed and arrest warrants are issued without investigation. 

Q. My parents never stayed with us. Can she still file 498a against them?
A. Yes.

Q. My wife or her family is threatening to file 498a and they are very abusive. What should I do? 
A. Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately. 
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again. 
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI. 
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction. 

Q. I think that I should go for divorce instead. Is it a good idea?
A. Don't make the mistake of filing for divorce. You will land up in a lot of legal problems. Apply for divorce only after you get RCR in your favor or after you get an ex parte decree on your RCR or mental cruelty is as extreme as mentioned in http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28609 

Q. I'm very worried about my parents. What should I do to protect them?
A. Disown them legally: ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail. 
Show up a smiling face to them. Your happy face will provide them the strength. 

Q. My wife or her family are demanding money, joint property, joint account, separate accommodation, jewels, etc. and threaten, directly or indirectly, that they will file 498a if their demands are not met. What should I do? 
A. Don't meet their unreasonable demands. It usually doesn't help. It will rob you of your hard-earned money that you need to spend on lawyers later. If you lose it now, you will not have anything to fight your case later in court and you'll become almost a bonded labor. 
If you still need to pay them money, pay it as an explicit loan and only by cheque so that you have a record of the transaction. 
Kishan Dutt Kalaskar
Advocate, Bengaluru
2898 Answers
51 Consultations

5.0 on 5.0

There is a judgement on the same that if a hindu son trying to separate son from aged ailing parents. Re-create the situation with evidences.
Aveek Bose
Advocate, Kolkata
590 Answers
2 Consultations

4.7 on 5.0

You please, file by your wife name’s a case for domestic violance against her.
Also write the same complain disclosing the alll details of her threatening comments plus try to record any such also.
In this way you can save yourselve from her false complaints.
Ans also good matter for divorce also for your son.
Sanjay Baniwal
Advocate, South Delhi
2312 Answers
5 Consultations

4.9 on 5.0

If at all she is lodging a criminal complaint under the dowry demand and harassment offence, you people should first obtain AB and then attend the inquiry in the police station.

She cannot prove her case in the trial proceedings if it is a false allegation hence dont give much importance to it.

Be in touch with an advocate throughout so that she is not taking you into a surprise with the police standing at your door steps.

T Kalaiselvan
Advocate, Vellore
42350 Answers
460 Consultations

5.0 on 5.0

You can file Divorce without her. You can contest the cases filed by her by appointing a good lawyer. You will get exparte divorce if she doesn't come to Court.
Prashant Nayak
Advocate, Mumbai
3046 Answers
2 Consultations

4.8 on 5.0

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