You can file case of extortion under section 384 of IPC read with section 120 B of IPC on wife and father in law
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Registered an false 498a case by my sister-in-law on entire family : due to denial for money demands
Respected Sir/Madam. I would like thank this valuable forum from the bottom of my heart for posting free legal advice in many matters which had guided the family like us which had became a prey under False 498A cases. I would like to bring to your kind notice that : My elder brother's marriage was solemnized on 07/05/2023 as per Hindu rituals. Post marriage my sister in-law had stayed at our home along with my brother,father and my mother for a duration of 17days and post which due to Aashada masa rituals, my sister in law had gone to her parental home which was sent with due respect love and her. There were no disputes in family at all. Now before marriage itself my elder brother and my sister in law (future Husband and wife) had awailed a personal loan of 9lakh in the name of my sister-in-law for their secondary source of income from homestay business. now after marriage since my SIL had demanded for moving out of station for work and settling there, thus inorder to not have burden of loan my brother had pre-closed their personal loan take in the name of my sister in law during Aug 2023. All the EMI towards that loan period was transferred to my sister-in-law from my brother from first EMI at Jan 2023 to July 2023. This pre-closure loan amount was demanded to be paid in hardcash to them by father-in-law of my elder brother( by visiting our home and demanded our parents ) for which our family had denied and pre-closed that loan only through digital transaction/net banking facilities. Now after this pre-closure of loan, My sister-in-law and her father and her brother -in-law had invited my family (which included my elder brother, father, mother and few elderly relatives) to have a talk at their home. Their elderly relatives consoled both my brother and SIL for resolving matrimonial dispute if any. Surprisingly after 2days of this visit, father in law of my brother had started demanding for 30lakhs to our elderly relatives, and said if our family denying to pay which he would lodge false complaint from her daughter and drag all of us. We had denied to his blackmail. Again the same had repeated from father in law of my brother and they demanded 25lakhs nor they lodge false complaint on our entire family.Again when refused, they started demanding 18-20lakhs. If not again false complaint would be lodged. The same threat repeated in the same month of aug 2023. With distress condition having hope on future life with his wife, my brother had file RCR request and post which they filed false 498A case on my brother, father, my mother and included me. Before filing case her brother-in-law had threatened me over call that their move/implications may harm me, to settle with amount. Now false 498A R/w 34, DP act 3,4 is lodged and AB is sought and Quash petition is filed in High chour and case is stayed for father, mother and me. Can we file case of money extortion, blackmail, and criminal conspiracy by my brother on his FIL
Asked 6 months ago in Family Law
Religion: Hindu
12 Answers
Note : 9lakh loan amount took before their marriage for homestay business was transferred to my brothers account and he had payed EMI's and also he had pre-closed this loan immediately after 2months of their marriage, when my SIL had demanded to settle at their work location and move out of hometown.
Asked 6 months ago
Act as mentioned herein above
Also kindly clarify, Will this counter case on unlawful acts of FIL by my brother affects our ongoing FIR Quash petition at honourable High court
Asked 6 months ago
It will not affect your quashing case before HC
Without any evidence for extortion and threats from their side your criminal case may not be entertained by police or court especially when they have already filed a criminal complaint against you all
Hence better challenge their false case and try to get acquitted.
This is a good evidence for your brother to protect his interest in the ongoing dowry harassment case
He can apprise his lawyer in this.
As a matter of fact, the high courts generally don't entertain FIR quash cases.
The proposed counter case will not have any adverse impact to your defence to the dowry harrasment case
Dear client,
Blackmail, extortion, and criminal conspiracy are considered serious felonies in India. You might file a complaint alleging money extortion, blackmail, and criminal conspiracy against your brother-in-law. Sections 384 (extortion), 506 (criminal intimidation), and 120B (criminal conspiracy) of the Indian Penal Code are only a few examples of the legal remedies available to you under Indian law. But how well you can support your position with evidence might determine how this countercase turns out. It's also critical to take into account any possible effects on the current FIR Quash petition in the High Court.
Hope this helps you.
Only after quashing or your acquittal you can file cases again them
- 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.
- Further, the Delhi High Court granted divorce to a man on the grounds of his in-laws’ frequent interference in his marital life and noted that parents should “draw a line” and let their daughters lead a happy, married life.
- Hence, his wife's family members interference in your brothers married life is against the law , and can file a complaint against them, and hence a complaint can also be filed against them for the extortion , blackmail and conspiracy as well.
1. Yes, you can lodge a police complaint and if police refuses to register FIR based on the said complaint, you can file a complaint case against your siser in law and her parents.
2> it will be prudent on your part to collect irefutabole evidence in support of your said allegation before you file the complaint case.
If your brother has precliosed the loan after paying of the dues, his wife can not legally have3 any objection for the said foreclosure.
This counter case will not adversely affect the quash petition fioled by you against the FIR registered by your sister in law against you but the said countyerv case might be consideerd as retaliatory case filed by you.