Hello Experts, I am staying in USA past 8 years, there were some financial disputes in India with my brother's basically my brother is a mentally retarded person and so I am the guardian of his properties morally . and his wife is using this as a weapon and threatening me that she will file false cases on me and spoil my USA plans if I don't accept to her demands of leaving the entire property to her husband and register the property on her husbands name [that is on my brother's name] . she and my brother got married 23 years ago[1998] and staying in a separate house past 16 years, can she file a complaint on me with some fake domestic violence case or some 498A? will her cases after this many years of marriage can spoil my carrier I am not her husband as such?? her husband is mentally retarted ,so can she file cases[498A and DV] on me with out including her husband's in her complaint? Thanks, Rami.
Hello,
by making some false accusation she can file a case. But you do not worry, you can challenge the said FIR in the HC. The SC has laid clear guidelines when the family members are not living together and case is filed to wreak some vengeance or for some ulterior motive.
The same will not effect your carrer.
Regards
The wife wants that you transfer all the property in his name. You have been living in the USA for the past 8 years so there is no question of domestic violence. Although she can file a case as filing a case is completely different from winning the case as you require evidence. Therefore dont accede to her illegal demands and act in the best interests of your brother and yourself.
Regards
1) no DV case is maintainable against you as there is no shared household
2) in order to come within ambit of DV act it is necessary to satisfy 2 requirements domestic relationship and shared household
3) you are staying abroad for 8 years so no DV case is maintainable
4) if false 498A case is filed apply for and obtain Anticipatory
bail from sessions court
5) no need to bow down to pressure tactics
1) Yes, she can file 498a and dv case against you.
What 498a says?
That someone from matrimonial home asked for dowry and not paying to that bride is harassed.
What is DV act?
It will be treated as mentally tortured continuously due to this she is harassed by some other reason daily.
But to do all this she needs to prove first and a false allegations will be raised against you.
See if your sister in law is not in any domestic relationship with you and your family from last 16 years and there are evidences of same no complaint is maintainable.
Even if she files such case it can be easily quashed from high court and won't effect your career.
See can file complaint excluding her husband name but since you are living abroad she will have no proof of any physical cruelty and secondly domestic relationship at all is not there so nothing.to worry.in this case.
1. Filing of false complaints by women under 498A and DV Act is the hallmark of Indian judicial system. So she can do this.
2. Mere filing of the case does not result in any adverse consequences. No adverse consequences ensue unles you are arrested and detained. As and when 498A gets lodged you should apply for anticipatory bail so that your passport is not impounded.
1.No need to worry if she file False Domestic Complaint you can easily challenge .
2.record all calls and save screenshot of WhatsApp in future you can produce as a evidence.
3.incase if she file false domestic violence complaint you can apply for anticipatory bail.
1. Well, even of you are staying separately then also she can file case under section 498A IPC for causing her mental tortures.
2. However for this there is nothing to worry as getting bail in such cases is quite easy ad once you get that nothing much will remain in the case.
3. Apply for appointment of a guardian from court for your brother due to her mental disorder. This would save him from future litigation and her case would fall flat.
Dear Sir,
She cannot file 498A against you without her husband, she can file case against you along with your husband, If she files 498A case against you then you can file a Writ petition u/s 482 Cr.P.C to quash the case of 498A filed by your sister in law.
The following information may kindly be read:
The Supreme Court has said in a recent order that Section 498A of the IPC ( Dowry harassment charges) has "dubious place of pride amongst the provisions that are used as a weapon rather than a shield by disgruntled wives".
But the earlier fear of imminent and automatic arrest of in-laws in such cases has reduced now. In July, 2014, seeing the rampant misuse of the Section, the Supreme Court of India remarked that women were increasingly using the Section to harass their husbands and in-laws. The apex court restrained police from arresting the husband or his relatives on the mere lodging of a complaint under the Section. It required them to satisfy themselves about the necessity of arrest under the parameters set forth in section (41) of the IPC, which provides a checklist or conditions to be satisfied before arresting any person involved in a crime punishable with less than seven years of imprisonment.
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.
The Police cannot arrest a person, without investigating the matter thoroughly and after collecting evidence only the Police can proceed. If it is later proved in the court that the wife had given a false complaint against the husband U/s.498A Domestic Violence Act, this itself could be used as a ground by the husband for obtaining divorce.
Dear Rami
if you are not reside with her then domestic violence or 498A case will not succeed, as there is no domestic violence upon her committed by you as there is no domestic relationship between you and her.
it will be better to file a complaint against her before the police regarding her threats/blackmailing, that complaint should be in the nature of information and not for any action, that complaint will help you in future if she done any illegal act against you.
Feel Free to Call
No case maintainable.
She can't file and even if she files that will not stand in court
If she decides to file any false case nobody can stop her from doing so except that you can challenge the false cases on merits.
No doubt her threats cannot pose any danger to your US career, if you fight back properly by keeping vigil over the developments.
You cannot be your legal guardian until the court has appointed you to be his legal guardian for your mentally retarded person.
In fact if ther marriage has not been dissolved by a decree of divorce she will be considered as his legally wedded wife with full rights on him and his property.
If she applies for court guardian to her mentally retarded husband, she would be given preference over you on this.
Since it is your brother's proeprty, you are a third person to it, hence you better stay away from this property dispute which is claimed by his own wife instead of getting into any legal tangle which may bring disaster to you in many ways.
You may discuss the implications with your advocate and then decide further steps on this.
Hello Experts thanks for your kind response, have a question to Kalaiselvan sir, sir, the entire property is in the name of my maternal grandfather and nothing on my mother's name or on my brother's name and since my mom is also mentally retarded and my father is no more and my maternal grandfather is too old(95 years) to take care of the property related things I am taking care of property .None of the property is in my brother's name or my Mother's name. since I am staying in US her plan is to file cases on me and bring me to negotiations and get the property transferred to her husband's name so that she can take the property. all these years she was waiting for that old man to Passaway and since my mother is mentally retarded my brother's wife plan is to take all of the property and enjoy her adulterous lifestyle , but by gods grace my maternal grans father is still very much alive and among us and we are taking good care of that man along with my mother. so in the above scenario where the properties are not even on my Mom's name will my brother's wife be able to bring me down to listen to her and get the properties transferred to my brother's name ? I am not confident she will take care of my brother in the coming future. so I am holding on to property so that she takes care of my brother at least for the properties. I am ready to negotiate with her on the property provided she gives back my brother to me and take the property and go away from our family but for that to happen I cannot initiate any discussion from my end as my brother's wife will make drama that i am trying to spoil herfamily etc.so my only option is I have to hold on to these properties as long as possible until her patience run out and come to negotiation table for her freedom, at that time I can ask my brother to be given to be given back to me and let the property go to her. forme property is the least concerned, but unless my brother is back to me I cannot let that property go to her
The property should be held by you and you shouldn't come to India as she may slap false charges against you. The property belongs to your maternal grandfather and hence you too have a share in the property. The wife cannot have a share in the property. She can only inherit through her husband after the death of the maternal grandfather.
Regards
This is basically your maternal grandfather's property and he is living.
In the event of his unfortunate sudden demise the property will devolve only on your mentally retarded mother.
You are anyone sane person can apply for court guardian to her to take care and maintain the property on her behalf.
After her lifetime the property shall devolve on her own legal heirs namely you and your siblings.
Thus there are no chances for your sister in law to capture this property legally by any means crossing all these hurdles.
She cannot file any false case on you with police in the given circumstances because it will not her any purpose.
Whatever, you don't get scared imagining her evil designs.
You can challenge all her false cases properly.
Your maternal grandfather should execute gift deed in your favour of property standing in his name
2) gift deed should be duly stamped and registered
3) your sister in law cannot force you to transfer property in her name
See it is not easy to bring you back from US and in this scenario she has no evidence at as far as property is concerned after demise of grandfather only mother shall have right who is not mentally fit transfer the property so even if she do transfer same can be challenged. Further you can also apply in court to be legal guardian of your mother since she is not mentally well to take her decisions.
1. She can file any complaint or case which can not be stopped as per law.
2. However, after 23 years of marriage, 498A of DV case shall have no legal leg to stand.
3. After the dismissal of such false cases, you shall be able to lodge a police complant u/s211 of IPC for lodging/filing false complaint/case against you for causing dsamage to you.
1. The property stands in the name of your maternal grandfather who is still alive for which neither you nor your sister in law or mother can lay any claim on the properties of your said grandfather.
2. After his demise intestate, his said property will be inherited by your mother.
3. It will be prudent on your part to negotiuate with your said maternal grandfather and get the title of his properties conveyed in your favour by registering a gift deed or at least get a will notarise/registered in your favour.
4. After the demise of youyr said grandfather, she will not be able to get any share of her husband's share of the said property.
5. In case she files any civil suit claimg the share of her husband on the said property, you can contest the case and drag it for a period of 10 to 15 years o be disposed of to make her tired on the matter.
You don't worry let her first proceed with the proceedings.