• False case by sister in law against our family

Sister in law accused everyone in family for dowry demand after two days of marriage and charged her husband of unnatural sex, abusing, dowry, domestic violence. Her sister in law, father in law, mother in law accused of abusing, dowry demand and domestic violence. Also, closed relative of husband are accused of fighting with her family. All allegations are completely false.
What we should do now ?
Asked 6 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

Dear Sir,

 

- The only answer is " contest the case on merits". 

- Apply ACB through any good lawyer and contest to strike off other parties name.

 

Regards

 

Vivek Arya


Dear Sir,

 

- The reply was very concise considering only little brief shared in question.

- Rest if you wish to pursue with the advice then below are the detailed answer for your pursual. However, shall again advise consulting any lawyer with all documents with her statement to search the loopholes in her statement.

- Pertain to unnatural sex, abusing, dowry & domestic violence etc. The burden of proof lies on your side as women are free from the burden of proof under Protection of Women from Domestic Violence Act, 2005.

- Secondly, the unnatural sex comes to serious crime with a punishment of life term and fine both. Hence advisable to submit a petition for anticipatory bail to the local court having jurisdiction of your area.

- Generally, the court gives ACB to other parties than the husband if contested well. However, w.r.t above-mentioned charges it shall be difficult for the husband to get the bail. 

- Simultaneously, file the petition for RCR U/s 10 of Hindu Marriage Act 1955 to share your desires that the husband side is willing to pursue this relationship.

- Do consult with a good matrimonial and criminal lawyer on priority to help you understand the further process.

- All the very best with the case.

 

Regards

 

Vivek Arya

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

1. It appears that FIR is registered.

2 If that is so then first apply for anticipatory bail. Such bail is likely to be allowed.

3. once bail is grated wait for trial to commence. Since the allegations are not true you should not get much worried about the outcome of the trial.

4. After submission of charge sheet you can try for qushing which is though rarely allowed but there is no harm in giving it a try. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Firstly, you should apply for anticipatory bail for your brother and other family members under Section 438 CRPC in order to avoid any arrest.

Also, you should start procuring documentary evidence to disprove the allegations put forth by her.

Contact any advocate and seek his/ her legal opinion after showing the documents.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

MY OPINION THAT your matter which i have to follow,is very serious & bad in shape in the legal field & you have should taken counter legal step/steps against your sister -in-law according to law in process at the competent forum /forums & counter the case/cases.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) apply for and obtain anticipatory bail from sessions court 

 

2) wait for police investigations to be completed and charge sheet or closure report filed 

 

3)then based on legal advice file for quashing in HC or discharge before trial court 

 

4) file for divorce on expiry of one year of marriage 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

What do you mean what should you do? Act man. You need to appoint an expert counsel to defend yourself. 

My expert legal services are at your disposal. So contact; [deleted]. ([deleted])

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Apply for anticipatory bail and deletion of name of relatives.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

See if FIR is registered and there is no proof of such demand or anything you all should first seek for anticipatory bail to.avoid arrest further file a quashing petition before high court to quash the false case. Further unnatural sex that is under 377 IPC is being scrapped.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Is there an FIR already? If yes, challenge the FIR before the High Court since all the allegations therein are totally false and concocted.

If the FIR has not been filed and the matter has just been reported to the Police, participate in all such counsesslig sessions as are arranged by the Police. Also, handover the relevant documentary/electronic evidences to the Police which controvert the stand of this sister in law. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

As your sister-in-law filed cases under Section 498A IPC and DV Act against your brother, mother and sister, your mother and sister too will need to appear in those cases and prove themselves innocent and get the cases dismissed. Thereafter, they can file criminal defamation case and/or defamation suit against your sister-in-law and get her either punished for her false criminal case or make her pay compensation to your mother and sister for defaming them and causing loss to their reputation in the society.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You may approach the HC for quashing of the FIR . You must also obtain Anticipatory bail at the earliest.

share the copy of FIR for a more concrete advise.

let me know if I can be of some help.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If FIR is filed then you need to take Anticipatory bail for all the persons named in FIR

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

1. If FIR has been registered then firstly apply for and secure anticipatory bail.

2. Once AB is secured then depending on the allegations in the FIR some of the family members may file a petition for quashing of FIR in the High Court. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If you feel that all these allegations are false then you all should obtain AB if she has lodged complaint with the police and a FIR has been registered.

If not then wait for her next move and challenge  whatever  she does against you legally.

 

T Kalaiselvan
Advocate, Vellore
89996 Answers
2496 Consultations

Sir, 

Please make a police complaint regarding the false allegations. Further if you show the complaint, more suggestions can be given. 

It is also not clear if court case has been filed for dowry/domestic violence

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer