Record the threats
2) file police complaint t of extortion against your brother in laws and sister in law under section 384 of IPC
3) in case any false dowry harassment case is filed apply for and obtain Anticipatory bail from sessions court
Mental torture and harassment by family of brother's wife
Dear Sir/Madam, There is a clash between my brother and his wife. My brother is not ready to keep his wife with him due to her characterless behaviour. I don't have any communication with my brother and his wife since long back. Now father in law and mother in law of my brother are torturing me over phone that they will file a case of dowry against my brother, me, my sister, my mother and my wife. I am working in a govt department and living 300 km away from the family of my brother. My wife and my mother is also living 1000 km away from them as my wife is also a working lady. Now please help me and guide me in this regard that what precautions I have to take so that we'll not be affected with this case. What legal action I can take for my family's safeguard. I don't want to continue any relation with my brother. Kindly advice me in a legal way to safeguard ourselves as the party is threatening me, my wife and my mother that you people are responsible for all. You need to pay the amount or we'll sent you to jail. Please help.
Asked 5 years ago in Family Law
Religion: Hindu
15 Answers
Hi
Ask your mother to disown your brother.
Get a note published in local newspapers that you, your mother sister everyone do not have any kind of relationship with your brother.
Thanks
1. There is no precaution to be taken as nothing can stop your DIL from filing the 498A case.
2. What you can do is to take immediate action once the FIR is registered in which eventuality you can file case for anticipatory bail and once it is allowed you win half of the battle.
3. If your SIL gives threat of filing such cases against you then do lodge complaint with local police against her for criminal intimidation and extortion.
Apply for anticipatory bail. And in case they implicate you in false dowry case, file FIR quash petition in High Court. Court may grant stay and later quash the FIR against you and all except brother.
As soon as you received threat you have to register a Complaint in nearby Police Station with respect to Threat of Concerned.
See you can file a police complaint that in-laws of your brother are intimidating you and your family for false cases if dispute between them is not settled also preset the record that you are staying away from them from time and there is no connection.
In case any FIR is filed then in that case you need to obtain an Anticipatory bail and file quashing before the High Court.
- In the case of Ashish Dixit vs. State of UP & Anr. the Supreme Court has held that a wife cannot implicate one and all in a Domestic violence case.
- Hence, the relative of the husband ,who are not living under one roof , cannot be made party under the provision of domestic violence.
- You are suggested not to have any contact with her even via phone , because she can blame for verbal abusing against the members , who are living far away from her.
- Further your mother can also file their petition against her under the provision of Domestic Violence Act as well.
- You should lodge a complaint against her after mentioning that due to her torture & harassment nature , you people never prefer to having any contact with her and her husband , but she and her parents are threatening for implicating in false cases of dowry. Hence if lodged any complaints , then in that eventuality you and other members who is not having any contact with them will not be responsible.
No if you are not met them and living a very long distance against them then the false FIr or Police complaint can be work against them only.
Record the threats made by them over phone and lodge complaint against them for threatening you people
Be prepared to face false cases likely to be filed by her viz., false 498A, DVC etc. meanwhile, collect as much material / evidence / proofs in support of your case.
If you come to know that, false police case is filed against you, immediately obtain bail and contest the case on merits.
If the parents in law of your brother are contacting you once again and torture you over phone, you may contact a local lawyer and issue a legal notice to them to refrain from indulging in such activities of threatening you or your family or your mother who are all living away from your brother, with false criminal actions, due to his disputes with your brother.
You can send a copy to the local police station as well as to the top police officer of the city as a precautionary measure so that if he is really making a complaint also, this can come to your rescue not only for obtaining anticipatory bail but also to challenge his false cases against you in future.
1. since you, your wife and your mother are living far away from your brother and his wife, therefore, nothing serious seems in the matter,
2. you need no worry,
3. whenever police call you, submit your version of the facts with the help of a legal expert
4. usually police didn't involve other family members in 498a complaint,
5. in worst scenario, if included in the case, you can take anticipatory bail and can file quash petition, however, everything depends upon the facts
1. Record the calls made to you and preserve those.
2. Apply for anticipatory bail as soon as the FIR is lodged and notice is served on you.
3. You cannot stop her from filing the case, but if your legal strategy is flawlessly crafted then you can obviate the adverse consequences of it.
1. No need to worry if you are not staying with your brother and his wife because even if they file case against you it will not be strong enough to send you in jail.
2. Record the calls in which they are threatening you to for false cases so that you can use them later to defend your self.
3. You can also lodge complaint against them for blackmailing for false cases and asking for money.
Dear Sir,
But, as a precautionary measure you can move an application before the concerning Mahila Thana police station and S P Office stating all the facts and circumstances. So that if in future your wife file a case against you then you can refer the same application.
This action of your's although not fully bulletproof but to some extend it can help and shows your bonafide intentions before the court.
If she files 498a then first file a anticipatory bail for all the family members and then he can file quash petition when there is a false complaint filed in FIR. If the complaint is false then case will not stand for long time
Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately.
3) your brother can File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again.
4) Collect evidence to prove that your brother have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI.
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction.
You can send them a legal notice as per the case and later if not responded by opponents
