Hi,
You may file informatory application to police authorities regarding her threats and apprehension of false cases.
SIL harassment and fake dowry case threats
Hi, My SIL had filed a harassment case few months back and it was compromised in Police Station in writing that they will live & eat separately in a portion of the house (The house is not ancestral property and my Mother owns it). After a month or so my brother requested her to let's eat together and stay and things went on like that for few months.. Yesterday my Mother & Brother had an argument that my SIL is not helping her in household things (cooking, cleaning etc) this argument went a bit long and my SIL ran to her parent home and after a while she came back and in few mins she acted as she got fits or something and she is in hospital for no reason... where the doctor said she is fine but my SIL is still in hospital in preparation to file a case against us. Today morning my SIL called my brother and said she would come back home if the half portion of the house is given and she will never talk to my mother again or my brother should buy a land somewhere and shift there.. if any either of these two demands are not met she will file a dowry case against my brother, me & my husband. This call was not recorded. My mother wants her Son & DIL to stay somewhere else not in her home due to the threats of my SIL for fake cases.. Even if they agree to live somewhere else, what steps can be taken so in future me my mother and any other relatives can be safe from those fake cases? If my SIL does not agree to leave home and threats to a case file a fake dowry case what can my Mother do legally as she owns the home & the property is not ancestral.. my mother wants them to leave the home and stay somewhere else.? I (younger sister) recently gave birth and my baby is 3 months old, 1 month the newborn was hospitalized due to pneumonia and he's been recovering a bit now. If the case is filed either I and my 3-month-old son be arrested or need to stay in the police station? Is there anything we can protect ourselves against the false cases or do something about this? What should we do once they file the fake dowry case?
Asked 7 years ago in Family Law
Religion: Muslim
14 Answers
You can approach the mediation centre In court of your local jurisdiction.
Hello ,
If the statement are all true then I must say that your brother may face prosecution later although he separately lives with her wife . I would suggest you to ask your brother to speak with a lawyer and get prepared in advance as it seems from her attitude that she is after the property and money .
Hope this helps.
Regards
Dear Client,
This is your mother house, she can file domestic violence case agasint both than court will restrain them not to enter in her house. Or agasint her only.
No way, police will not include you and your mother if any false complain filed or will delete later. relax.
Better ask your mother to file complain against her of threatening her.
mother should obtain court orders restraining son and daughter in law from disturbing her possession of the house
2) there is no automatic arrest in dowry harassment cases
3) police would issue notice to husband and other family members , record their statements
4) you can apply for and obtain AB from sessions court
Your mother can file a police complaint against daughter in law for intimidation and harassment and a complaint with sub divisional magistrate to.evict.son and DIL from house.
No you won't be arrested, police can call.for.ststement though on account of tender age of child you can ask lady police to record.statement at house by way of application further in case FIR or.complaint is filed obtain Anticipatory bail instantly.
Since the call was not recorded and you do not have any proof against your SIL right now, i would advise you to have your brother stay separately for a while, preferably for over a period of one year so that your mom and you are secure from any false allegations. Since the house is not ancestral property and is your mom's individual name, she can evict your SIL at any point of time. The Maintenance and Welfare of Senior Citizens Act is a good tool for your mom. There is no sure-shot way to protect yourself from false cases as such but maybe your mom can discreetly start filing NCs regarding the harassment of her DIL. This will help you later on. Do not worry. As per the SC guidelines, the Police are required to conduct a thorough enquiry before lodging any FIR so that should give you ample time and opportunity to secure a bail even if an untoward incident is to take place.
There's no reason to deflect false and fabricated cases. There's no absolute immunity from false and concocted cases they your SIL may file.
Since your mother owns this house where your SIL was residing along with her husband, your mother can get them evicted legally from there house.
If she is being harassed, she can also file a complaint under the Domestic Violence Act.
Even if she stays separately or along with you people, she cannot be stopped if she decides to file fake and false cases against you people.
The only precautionary step to be taken would be to obtain AB in case she lodges a criminal complaint with the police.
Your mother can file an injunction suit restraining her daughter in law from entering into the house, interfering in her possession and enjoyment of the property for any reason.
There wont be immediate arrest, you can obtain AB and be safe in case you are also impleaded as accused in the case.
1. Your mother to safeguard hherself shall file a NC, so that if any case is filed then she has a valid defense to make.
2. If she does not agree to leave the place then the mother can file a suit of injunction.
3. There will be no arrest, if FIR is lodged against you all then move to the HC immediately for getting the FIR quashed.
4. Just file NC in the police station at the earliest.
Regards
Thank you all for your response, this has helped me in figuring out things I didn't know. Here is a UPDATE on what's going on : My Mother DIL parents agreed to restrain son & DIL from house and make them leave somewhere else (this is the first time this is going to be a family panchayat on these issues, previously they did a harassment case against us without even talking mutually and letting us know the issue) Monday the Panchayat is going to take place either at my Mother home or mine (I am a daughter to my mother). Now as my brother & SIL are going to live somewhere else and not in my Mom home, I have few questions and would love to hear from you experts what precautions should I take. 1) Should we take in a writing that we are not responsible for their fights or such things if happens when they are living somewhere else (anything close to this in writing should we take? will this be helpful? What writing should we take if its going to help in future, I mean how should we write the agreement? any key-points?) 2) Once the family Panch has solved the issue, I am planning to file a NC. The reason to file after the panch is I would record all the conversation between us and to obtain a written statement and then going for NC, is this good? 3) What should we do if they don't agree for a written statement? 4) My SIL Mother & her Grand mother (Naani) always threats us to burn alive or to murder us, abuses us. My SIL (2 Maamu & her Nana) are on bail on a murder case and they have been threatening that her Maamu & Nana will do something to us. 5) Just curious to know what would be cost for the Anticipatory bail here in Hyderabad? Thank you all for your responses.
Asked 7 years ago
1) minutes of meeting should be prepared signed by the parties and the elders attending meeting
2) it should be mentioned that son / daughter in law would stay separate in rented flat and would not disturb possession of the parents in the house standing in name of parents
3) no need to file NC
4) record the discussions that transpire in meeting
5) file police complaint of criminal intimidation under section 506 of IPC against the culprits
6) 498A of IPC is bailable offence in AP
The written statement or an agreement in writing to this effect may not be enforceable in law neither it will be admissible in court when you are trying to defend your interests in the court in the event of she lodging a criminal complaint involving everyone.
Once the problem is solved why do you want to give fresh lease of life to that and keep stretching the issue, this may provoke her and she may attack with fresh complaint due to provocation, what will you do then?
You cannot force them
If you are so much frightened over their threats then you can lodge a criminal complaint agaisnt them and seek protection.
It depends on the advocate you will be engaging, there is no fixed fees for such legal services.
1. A memorandum among all family members and settlment. In family panchayat can be prepared. This will help when there are future cases if any.
2. Yes this would be great or you can prepare a memorandum of everything and take sign of all present including panchas.
3. You can take in writing from panchas and other worness of they agree.
4. You can file a case of intimidation with police and seek protection further record there threats.
5 . AB bail you just has to pay lawyer fee that depends on the lawyer you engage and his experience.
1. Yes you can take this in writing.
2. Hes this is a good idea.
3. Then just file NC
4. File a FIR for this incident.
5. Contact a local advocate for the same.
Regards