Hi
You file a police complaint on basis of the recordings you have.
Complaint against them.
Thanks
Wife and her family threatened me and my family
My wife and her family have register a NC against me and my family. They are threatening us for filing a case of IPC 498, 323, 503, 506. We have done nothing, they are also pressurising on Police, but they have decline to file such FIR. They are abusing us continuously (phone recorded) and threatening me and my family about defame and all.
Asked 4 years ago in Family Law
Religion: Hindu
36 Answers
Record all their threat and abuses, best defence of your innocence.
As of now, no case registered so nothing to panic. And in mean time, as much they abuse and threat of false cases, good for you. Record everything.
Keep informing the local police in writing about such threats.
If this continues then you can consider filing case of defamation and criminal intimidation.
This may not eventually stop her from filing 498A case, the cases oe complaint lodged by you would go a long way in defending the dowry harassment cases.
Hello,
send a legal notice to them immediately. So that in case they file a case in future then you have a defence to take.
Regards
Record the threats
file police complaint against wife and in laws for criminal intimidation
you can also file case of defamation against your wife under section 500 of IPC
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.-
- Since, they are abusing and threatening , hence you should lodge a complaint against them with the local police station against them after mentioning the facts in details , and thereby mention that they are threatening to implicate you and your family members in the false cases of dowry.
- A copy should be forwarded to higher police officials/DCP/SSP as well.
1. See you can register a police NC stating they are intimidating for filing false cases also further it is better to settle the matter with wife and if possible go for mutual divorce or settlement .
Dear Sir,
You are suggested to file informatory applications to various police authorities including DIG, SSP and local Police station informing possibility of false and fake cases against you and family and you should be given sufficient time to put your version of case before any actions against you. Also file the cases of extortion, threatening etc. against her family members who are involved in phone calls or otherwise.
No need to worry unless n till the FIR is register against you. As of now you can file defamation, abusing and threatening case against them.
When they call you just don't reply and record all calls for future evidence.
You can file case once lock down is over.
Declining to file FIR means that they have failed to make out any case against you. Relax. Write a complaint to the concerned SHO stating that my wife and her family are threatening you to file a case under section 498, 323, 504, 506 IPC against you whereas the true facts are ........... (narrate facts with date, time, etc.) and the complaint has been lodged for reference, record and n/a at your end. On her every act, make a reaction. Be defensive and remain in touch with local lawyer dealing with family court cases.
You can seek anticipatory bail from court on the grounds of the said threats and apprehension of police complaint
1. if the complaint has been given by the in-laws, therefore, arrange for the anticipatory bail for the persons whose names are included in the complaint,
2. if you wish, you can wait till the registration of the FIR,
3.
3. after bail you can approach the concerned high court about quashing of the false FIR
Well,you should lodge a complaint before a magistrate for registration of a fir on grounds of criminal intimidation. Also lodge a domestic violence case against your wife through your mother.
If your wife and her family constantly threaten you people over phone,then you can issue a legal notice to them about this and can instruct to refrain from indulging in such illegal activities.
You can also mention that if at all they have any grievance against you they may follow the procedures of law which you can mention that you will challenge them properly in the same court.
The NC is just a complaint, the police will not take any further step on it until they file another complaint on the same reasons.
Taking legal action is right a phone person of course you have to write to defend the case and if you think that the claims of your wife and her family is wrong then you can approach to the high court under section 482 to get the quashing of FIR are otherwise you can get stay and arrest from the court
You can use the recorded conversation and issue notice for defamation referring to the talk.
You can also file complaint against your wife and her family members.
in such a circumstances you should approach the Higher Authorities by way of letters and you should also file section 9 of the Hindu Marriage Act if she is not living at your home.
1. You should wait and keep recording the calls from your wife and her family members.
2. Then you should give NC to police that your wife and family is continuously blackmailing you for money by threatening for false cases against you and your family.
3. File divorce petition if you think matter is going out of scope of settlement between you and your wife.
you must take some action against them. lodge some FIr against them.
Dear Sir 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) 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 you 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.
- As per the information mentioned in the present query, makes it clear your wife and her family members are putting all false allegations against you as otherwise police would not have wasted s single minute to register a case against you.
- I would like to apprise you that yes, you can file a criminal case against you on the basis of the recordings that you have with you.
- And you need to act little more fast as there are chances that they might approach JM or MM courts to get the FIR registered as police is denying to their request.
Dear Sir/ Madam, I have some question as follow, 1. My parents had put gold on her at the wedding. We have purchase receipt on my mother name. Can she claim that much gold?. 2.My parents have a hard-earned property. Can she claim on that property. 3.Her mother is working in a court and she is threatening us, that she knows everything about law, All laws are on the side of girls.
Asked 4 years ago
Gold given to wife at time of her marriage constitutes her stridhan
2) wife has no share in parents property
3) no need to bow down to pressure tactics
Gold belongs to you. Her gold and ornaments belong to her ie streedhan. She cannot claim on your parent's property.
That is not true. Laws may be initially problematic for you but in the end she has to prove that you are guilty. Engage a good lawyer.
1. If that was given as gift to her at the time of marriage shall be considered as her stridhan, means her own property.
2. No, she cannot claim any share in the property that belongs to them as a right even after their lifetime.
3. This is the general mis guidance that everyone is lead into.
Her mother may be working in court that will mean that she is an authority for law.
Hence you need not worry on that aspect.
1. Yes you can claim that gold.
2. She cannot claim on the property of your parents
3. Its not like that, if you are a boy than law will not help you. Move ahead if it is to be done through court.
Thanks
Dear Sir,
My answers are as follows:
- My parents had put gold on her at the wedding. We have purchase receipt on my mother name. Can she claim that much gold?.
Ans: You can file divorce case and then file a complaint to return the same under secton 406 of IPC as follows.
2.My parents have a hard-earned property. Can she claim on that property.
Ans: She cannot claim as it is not her sthridhan.
3.Her mother is working in a court and she is threatening us, that she knows everything about law, All laws are on the side of girls.
Ans: It is advantage for you, court higher officers are more strict and you can raise complaint with Vigilance Wing of High Court saying their subordinate court staff misuing her official and they may keep her under suspension. There is a procedure please discuss with. You mother may be asked to lodge a complaint and file DV case against your wife.
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406. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
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Section 405 in The Indian Penal Code
405. Criminal breach of trust.—Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”. 1[Explanation 2[1].—A person, being an employer 3[of an establishment whether exempted under section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), or not] who deducts the employee’s contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.] 4[Explanation 2.—A person, being an employer, who deducts the employees’ contribution from the wages payable to the employee for credit to the Employees’ State Insurance Fund held and administered by the Employees’ State Insurance Corporation established under the Employees’ State Insurance Act, 1948 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.] Illustrations
(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriate them to his own use. A has committed criminal breach of trust.
(b) A is a warehouse-keeper. Z going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust.
(c) A, residing in Calcutta, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z remits a lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly disobeys the direction and employs the money in his own business. A has committed criminal breach of trust.
(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.
(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.
(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust. Comments Criminal Conspiracy Sanction for prosecution is not necessary if a public servant is charged for offence of entering into a criminal conspiracy for committed breach of trust; State of Kerala v. Padmanabham Nair, 1999 Cr LJ 3696 (SC). Criminal breach of trust: Meaning and extent It must be proved that the beneficial interest in the property in respect of which the offence is alleged to have been committed was vested in some person other than the accused, and that the accused held that property on behalf of that person. A relationship is created between the transferor and transferee, whereunder the transferor remains the owner of the property and the transferee has legal custody of the property for the benefit of the transferor himself or transferee has only the custody of the property for the benefit of the transferor himself or someone else. At best, the transferee obtains in the property entrusted to him only special interest limited to claim for his charges in respect of its safe retention, and under no circumstances does he acquire a right to dispose of that property in contravention of the condition of the entrustment; Jaswantrai Manilal Akhaney v. State of Bombay, AIR 1956 SC 575. Entrustment The word entrusted in the section is very important unless there is entrustment, there can be no offence under the section; Ramaswami Nadar v. State of Madras, AIR 1958 SC 56.
(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriate them to his own use. A has committed criminal breach of trust.
(b) A is a warehouse-keeper. Z going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust.
(c) A, residing in Calcutta, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z remits a lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly disobeys the direction and employs the money in his own business. A has committed criminal breach of trust.
(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.
(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.
(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust. Comments Criminal Conspiracy Sanction for prosecution is not necessary if a public servant is charged for offence of entering into a criminal conspiracy for committed breach of trust; State of Kerala v. Padmanabham Nair, 1999 Cr LJ 3696 (SC). Criminal breach of trust: Meaning and extent It must be proved that the beneficial interest in the property in respect of which the offence is alleged to have been committed was vested in some person other than the accused, and that the accused held that property on behalf of that person. A relationship is created between the transferor and transferee, whereunder the transferor remains the owner of the property and the transferee has legal custody of the property for the benefit of the transferor himself or transferee has only the custody of the property for the benefit of the transferor himself or someone else. At best, the transferee obtains in the property entrusted to him only special interest limited to claim for his charges in respect of its safe retention, and under no circumstances does he acquire a right to dispose of that property in contravention of the condition of the entrustment; Jaswantrai Manilal Akhaney v. State of Bombay, AIR 1956 SC 575. Entrustment The word entrusted in the section is very important unless there is entrustment, there can be no offence under the section; Ramaswami Nadar v. State of Madras, AIR 1958 SC 56.
1. If the gold purchased by your family is already gifted to your wife then you can not claim it anymore.
2. NO
3. This is her bravado and not the reality.
She can as whatever given in marrige from either side is stridhan. But you can claim jewellery was purchased by mother for herself
No claim in in laws property.
Dear Sir,
You are suggested here that though she may file false complaints/cases in the court, but she is required to prove that case. You are suggested to preserve all the things/receipts and ask the items as and when there is talk. Also, she can claim nothing from your mother and hence suggested to keep maximum property on mother's name. Irrespective of her mother working in court, she may not buy law or legal process in her favour and you are suggested to be mentally strong and get ready to challenge/defuse all their allegations. If possible, file a case of blackmailing against her mother and then see the music. File RCR against your wife if she is there with her mother.
Dear Sir,
She has no right over either your property or your fathers property. She can only claim maintenance or one time alimony.
Yes, she can claim jwellary as it is her streedhan.
No. all laws are on the side of girls.
1. The gold is given in marriage is Stridhan and she is the absolute owner of the same, she can keep and claim the same.
2. She has no right on your property or your parent's property, she has the right of maintenance if she is not able to maintain herself.
3. See as suggest above file a police complaint and the same can be mentioned that her mother is threatening also to use her connections and harras you.
Yes it's her streedhan in Hindu religion
No she can't claim property.
Don't worry about that threatening behavior just contest
The Gold gifted at time of marriage being Stridhan, is the absolute Property your mother cannot claim.
no, she can claim only maintenance.
consult Local Expert Lawyer.
1. As per law, A husband cannot inherit any share in the property of his wife during her life time, and further a husband also has no right over the gift /jewellery/share benefits, which a wife received at the time of her marriage.
- Since that gold were given to her by your parents at the time of marriage , hence they cannot claim the same , even having receipt .
- Your mother being a woman can also lodge her complaint against your wife for the harassment and cruelty under the provision of Domestic Violence Act.
2. No, she cannot claim any share in the property of her husband and also in-laws property .
3. No person is above the law, whether court staff , lawyer or judges .
- You will have much time to prove your case before the court . otherwise you can challenge the order , if any passed malafidely.
Dont forget to rating Positively.
1) Gifts given to Wife at the time of marriage becomes her Stridhan.
2) No, your wife cannot claim right, title or interest in your parent's property.
3) It does not make any sense. Do not yield to their pressure tactics.
Every one has to fight and prove his / her case before court of law.
No one is small, big or above law, all are same.
No need to worry. Try to have all material proofs / evidence to support your case.
1. If FIR is lodged then apply for anticipatory bail once you are served notice by police.
2. Any jewellery which wife received from her parents or in-laws after marriage is her streedhan which is her exclusive property.
3. Laws are not on the side of girls.
