• Do I need to file NC now?

We live in a joint family. My brother in law and his wife have been troubling my family (my husband, my mother in law, my son & myself) over petty matters. This started when we started asking them to pay their share in the expenses of the house. They continually find a reason to initiate fights with us. We live in a big ancestral row house. Their kitchen has been separated. Some expenses of the house (such as electricity, BMC tax, society maintenance charges) remain common. Lately, my brother in law hit my mother in law who is a senior citizen and also came to hit me (in our demarcated hall). He crossed the boundary. I called up the nearby police station. The police came in 10 minutes. We then proceeded to the police station where he was also summoned. All this happened at midnight. Later, the police gave him their piece of mind and did not write / register anything. Please note that his wife has made totally false allegations against me and my mother in law stating that we have tortured her. However, police did not pay heed to her complaints as it was only a reaction to our complaint. I am worried now on two fronts: a) my brother in law can again hit us physically any time. b) his wife has been extensively using lies to defame us in front of all. We fear that they are planning something to frame us legally. Please guide what should be done.
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

1) install CCTV cameras in your portion of house

2) record your conversation

3) file suit for partition for division of property by metes and bounds

4) seek an injunction restraining them from disturbing your possession of part of house in your possession

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Firslty, you please keep the record of the complain which you made on that day.

Secondly, please ask your mother in law to file a DV case against the daughter in law.

Thirdly, and also give a written complian in the nearest police station that you all have threat to your life.

Fourthly, after doing all these, if I’m fitrue they make any false complian then that would be having some less credibility as it may be treated as the response to your complaints.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

This is my response to you:

1. Since it is a personal matter you will have to settle it amongst yourself first;

2. If still it can't be settled then you will have to file a complaint to police under Domestic Violence Act: http://ncw.nic.in/acts/TheProtectionofWomenfromDomesticViolenceAct2005.pdf

3. File the FIR and see if they stop behaving like this;

4. If it becomes difficult to live with them then send a notice for eviction from the house;

5. Also your mother-in-law being a senior citizen can file a complaint under Maintenance of Senior Citizen Act: http://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X[deleted].pdf

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear,

As you complaint earlier then they are on back foot and i don't think they tried again same thing,

And if do so then file complaint again. I suggest you to file complaint for future worries.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

If Police inspector refuses to take your complaint approach the commissioner of police and complain about refusal of local police to lodge FIR against couple

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

If they are not registered your complaint then approach court and hire good local lawyer

there you file application u/s 156(3)crpc. From this court ordered your police station to

loge complaint against them and ordered them to present there report in quick time.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1. Move an intimation with the Police that you anticipate that your life is in danger at the hands of your brother in law. The Police may book him invoking section 107/151 Cr.P.C.

2. Send her a legal notice for defaming you and your family.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

It`s already in notice of police, issue going on between you people, so if any false complain file by her, police will not take up matter this seriously and for precaution send through registered mail, written complain giving details of all incidents with the prayer to issue prohibition order against them, not to interfere in your area.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

a) my brother in law can again hit us physically any time.

A. You and your mother in law can file a complaint against your brother in law under the provisions of Protection of Women from Domestic Violence Act. You can also approach senior officials of police, if police refuse to register FIR against your brother in law.

However, if they also do the same, you can approach magistrate by way of application under section 156(3)CRPC to order investigation and registration of FIR in your case.

b) his wife has been extensively using lies to defame us in front of all. We fear that they are planning something to frame us legally. Please guide what should be done.

A. All these cases, if filed would help you in defending yourself case against the false casefiled by your sister in law, if any.

Moreover, you should try to record each and every instance and also give a NC in police station stating that your brother in law and his wife are threatening you and take the acknowledgement for the same.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

hello,

file a complaint with the magistrate and he would take cognizance of the matter. file all evidence which you have.

moreover, try negotiating with your BiL and his family and if that is not possible file a partition suit as things could go from bad to worse. the police must be apprised of the situation on a weekly basis as anything can happen and for this, an application must be given.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

I am worried now on two fronts: a) my brother in law can again hit us physically any time. b) his wife has been extensively using lies to defame us in front of all. We fear that they are planning something to frame us legally. Please guide what should be done.

If the incidents recur you may resort to lodge fresh complaint and link the previous complaint with this and urge the police to initiate strong legal action including registering FIR against them.

This time they will realise the gravity of the issue and may remain silent after wards.

If police do not take proper action then you may approach the top police officer of the city with a similar complaint seeking his intervention and direction to the concerned police to take proper and swift action on the complaint pending before them.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

While I approached Police station (and there are records of my calls to the police station as well as CCTV camera clippings of the police station), no complaint was written by the police. It was all oral. In such cases, what do you suggest I do now? The threat of physical / mental harm from the couple remains.

You can follow the steps suggested i.e., to approach the higher police officer of the circle or even the city commissioner of police office with a similar complaint.

If the police are not cooperating then you may approach judicial magistrate court within your jurisdiction with an application under section 156(3) cr.p.c. seeking its direction to the concerned police to initiate legal action as per law on the complaint pending before them and also to register the FIR if necessary.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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