• Fake dowry case

We are 4 of us. My father , mother, brother n myself. My father is working in pvt company, my mom is a housewife, my brother is working in dubai n myself working in mumbai. Parent's are in delhi. 
My brother got married 5years ago. But she started fighting with my mom. At that time I was in CHENNAI working there for 2 years. She broke finger of my mom. My father never interfered in this. Then she gave a birth to a son. N demanding the paper of the house. But that house in purchased by my parents n are on my mother's name. On refusal she took the baby n left to the her parent house.
For a year they didn't said anything n then suddenly they asked 5 lacs rupees. By that time my brother gone to dubai. 
In refusal of that demand too, they put a fake complaint against all 4 of us that we physically n mentally tortured her n asked her to give dowry n all.

Then 1 lawyer called my mom n said on 16th march 2015 you have to come in the court in Raibareily as there is a case against all of you otherwise police ll arrest you. N asked to come alone.

My mom reached there n found no such case is filed yet n they stared asking money for settlement. My mom was alone but she refused then my brother wife n her father n that lawyer beaten my mom. 

She was in court so everything got recorded in cctv camera. She went for complaining in police station but police said we ll investigate the matter if something come out then only we can file the FIR.

Now brothers wife n her father said file the FIR n arrest all of them. He said bring my brother also otherwise he ll give complaint for deportment in the embassy.

One more thing my parents disowned my brother since 1 year back which is published in the local newspapers also n has the stamped copy from police station for the same.

I would like to ask if they manage to file FIR of dowry n domestic violence ( which would definetly fake ) against us then can arrest by police possible as parents already disowned my brother? 
N as I, myself was in CHENNAI then gurgaon n mumbai , can police arrest me also although I wasn't at home. Hardly went for a day or two in a month.

N can they manage to deport my brother from dubai?

Plz help n suggest me how can we get rid of this shit
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) dont worry . even if FIR is filed for 498A by police your mother and other family members wont be arrested .

2)police will call your family members to record their statements 

3) only if case is made out would police submit report to magistrate . 

4) your mother and other family members who are accused can obtain anticipatory bail from sessions court .

5)if your mother was beaten by her daughter in law , her father and police dont take action your mother should file complaint under section 156(3) to direct cops to investigate and submit its report . 

6) your mother can also file domestic violence case against her daughter in law and her father and seek protection order 

7)in domestic violence cases there is no arrest merely because complaint is filed by DIL 

8)you wont be arrested as you have been staying separate from your brother his wife all these years 

9) your brother can on FIR being filed apply for AB . he wont be deported and can contest case on merits
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
DIL means daughter in law . AB refers to anticipatory bail
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1) it would only show that you had broken off all your relations with your brother 

2) but case of 498a would be maintainable if brother wife makes allegations in FIR that she was victim of dowry harassment by your family
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. Your mother should not have gone to the court on a phone call made by a lawyer. She should have gone only if she received a notice from the court. A lawyer's job is confined to the four walls of the court room. Lawyers are not messengers or process servers who intimate a person about his appearance in the court. 

2. If a FIR is lodged against you and your family members then all of you may be arrested. To preempt your arrest all of you including your brother should seek bail from the court.

3. Your brother may be in Dubai but this does not make him immune from the prosecution. The long arms of a court can reach any neck wherever it may be on the face of the earth. He can be deported to India if a warrant is issued against him by the court. As mentioned earlier, he should also seek bail.

4. If you are named by your sister-in-law then you may also be arrested. Seek bail at the earliest.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
You get no benefit by disowning your brother.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Hi, if she filed a Complaint against your father, mother and against you then you have to apply for the anticipatory Bail and then police will not arrest you and your parents and thereafter file a petition under section 482 of the Criminal procedure coder before the Hon'ble High Court for quashing the complaint.

2. If she field a petition under domestic violence act then you have to contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hi,
 It is better to secure anticipatory bail, if you have not applied apply for all 4 of you.So that you all can evade an arrest in case of an FIR

Go fro an amicable settlement if she agrees for divorce file mutual consent divorce. so that you can avoid her filing unnecessary FIR and domestic violence for money

There is no benefit as of now your parents disowning your brother as your brother's wife was living with them before she left.

Once the anticipatory bail is done and FIR is lodged against all of you  you can either face trial defend it for an acquittal or else try filing a quash petition under 482 Crpc in the high court .
As of now since no FIR is lodged the court will give an order in anticipatory bail accordingly i f you apply for,  as when there is an FIR you should be released on bail or or allowed with regular bail by appearing in the trial court.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Dear Querist
immediately file an anticipatory bail petition if available in the state where the matter is pending and fir has been registered, if there is no anticipatory bail option in the state and the FIR has been registered then file a quashing petition before HC and get an order for stay on arrest.

DIL= Daughter in Law
AB= Anticipatory Bail.

Your mother may file a complaint before police or court for beating your mom and for threaten to your mom and other family for implication in false cases.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
1. Your mother should not have gome there after hearing from their lawyer,

2. Your mother should now send a complaint letter to the said police station who refused to lodge FIR and mark a copy thereof the the S.P. Then she should file a petition at Raibareily  praying for direction upon the police to investigate and act based on her complaint since the recordings of the incidence are there in the CCTV,

3. If your brother's wife files any complaint u/s498A, non of you shall be arrested without any investigation as per Syupreme court recent order but all the accused shall have to take AB,

4. It will be better if your mother lodges a police complaint before your local police station against your brother's wife and her father alleging that they are blackmailing you all with false 498A complaint and asking Rs.5 Lakhs to save yourself from harassment.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. DIL is Daughter In Law,

2. AB means anticipatory Bail.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. You need not disown your brother,

2. There will be no benifit for that,

3. You shall have to prove that whatever she has alleged is false.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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