• Threat by daughter in law and her parent

My daughter in law threatening to approach police for harassment and dowery case which is totally fake .She always create scenes and fight with husband and threaten to report police.We,parents are senior citizen and very afraid .Please advise.
Asked 2 years ago in Family Law
Religion: Hindu

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20 Answers

File a police complaint against such harressment and intimidation that daughter in law is threatening to file false produce evidence to the effect.

You can settle the dispute amicable ask your daughter in law and son to settle it and take mutual divorce if so is the case.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

If you have any proof regarding the threats then you can produce before police station even otherwise also you make complaint before police station against mental harrasment and threats

Jitender Kumar
Advocate, New Delhi
35 Answers

4.0 on 5.0

Report the same to police before she files complaint

Jitender Kumar
Advocate, New Delhi
35 Answers

4.0 on 5.0

File a non cognizable police report and seek help of.senior police officials report the issue in writing and seek help that the daughter in law threats that she will implicate old age parents along with son.

Further donot stay with them restrain them entering your house and ask to settle there dispute among themselves.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Please, sir, I advice you to first make a written complain against her in the Police Station.

You can also file DV case against her through your wife’s name of residing in the same house.

This will serve you an edge if she files any case in near future against you.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. There is noting to worry about such false cases.

2. Even if she lodged complaint and FIR is registered you can easily get bail after which the case becomes diluted.

3. in the meantime you can inform the police from to time whenever she gives sch threat.

4. Stay separate from your daughter in law.

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

The best suggestion would be to be cautious and have sufficient proof that she has indeed threatened to file a false dowry harassment case. It would be vital in countering her claims in front of police and courts and eventually be ridden of any guilty charges. You can Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and behavior. And request in your complaint to make her stop the threats immediately.

Engage a good advocate and file domestic violence case which will help you to get favourable orders in domestic violence case, also to defend yourself if she files fake dowry case and for your son to get divorce on grounds of cruelty.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

Hello,

Write a letter to human rights commission as well as file a GD ahainst her for mental and physical abuse.

Regards

Swarupananda Neogi
Advocate, Kolkata
2907 Answers
6 Consultations

4.7 on 5.0

1) if flat in your name file suit and seek court orders restraining her and your son from disturbing your possession of house

2)record her threats

3) file police complaint against her for criminal intimidation

4) install CCTV cameras in house

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

take steps mentioned herein above

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

Dear Concerned,

Precaution is the key .......

a. File a complaint in the nearest police station about such harrasments by your son's wife. This complaint will help at a later stage.

b. if this house belongs to you - ask your son to leave the house and stay on rent along with his wife.

c. . put CCTV cam at all common areas of your house. this will come handy in case of false cases filed.

d. . PLEASE NOTE - no more complaints under Dowry are registered immediately and police does a detailed investigation for such complaints hence need not to worry - if your daughter in law files a false complaint and the flaseness surfaces in enquiry she will be in problem.

Best of luck

Atulay Nehra
Advocate, Noida
1247 Answers
58 Consultations

4.7 on 5.0

You just move an application to police referring all allegation against daughter in law like threatening us to implicate in false case bla bla.

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

Sir/Madam,

Now you have to play one DRAMA with your son, let this know your son that parents and son are playing drama in front of daughter-in-law.

1) Ask your son to listen all rules and clause made by his wife. He should act accordingly all his wife's word or speech, whatever she says should listen to her.

2) After this you have to make complaints in police station against son and daughter-in-law for monthly maintenance of alimony. When court will pass more than 40-50% salary as alimony to parents than her eyes will open.

3) Till your son that if he pays amount as alimony you will be depositing in bank in FD and his name will be kept as nominee

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

Sir,

First of all I really feel sorry for the situation you are in because of your daughter in law. You havent mentioned here whether your son and daugther in law are living together as with you in a joint family.If so also there is nothing to panic too much for the same .I agree these days law is misused by women which actually was created to protect the genuine sufferers .But still there is a lot which can be done from the boys side .

Anand Shukla
Advocate, New Delhi
634 Answers
13 Consultations

4.9 on 5.0

To visit some local lawyer and he will advise you after going through the complete facts of the case. Strategy is to be planned in personal meeting with the lawyer.

Dalip Singh
Advocate, New Delhi
861 Answers
13 Consultations

5.0 on 5.0

If she is threatening with false complaints, you can record the same in your phone at least once and plan to lodge a complaint against her with the local police and seek protection against the threats she poses.

If at all she is really going ahead with the complaint, you may first obtain ANB and then challenge her false case in court of law.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

As a precautionary measure what should we do to be safe in old age.

You may follow the steps suggested in my previous post.

Besides, you may try to sort out the issues amicably by talking to her parents and elders to intervene in the petty issues which developed to this extent

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

Dear Sir,

Being Senior Citizens you have every protection as extended by Supreme Court. Inspite of that the police who are under undue influence registering false dowry cases. If you do not think otherwise you may disown your son by releasing a newspaper advertisement stating that you have no links with your son and daughter-in-law, whatsoever thus you may save yourself. The recent law is as follows

=====================================================================================

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.

=======================================================================================

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.

More FAQ's on request.

Kishan Dutt Kalaskar
Advocate, Bangalore
5644 Answers
235 Consultations

4.8 on 5.0

Hello,

You may give a NC to the nearest police station in order to safeguard yourself if a case is filed in the near future

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

You may record such threats wherein she threatens you to file a false case against you.

regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

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