• How to protect family from litigation from daughter in law

My son got married as negotiated marriage. No dowry is taken from his in law. Daughter in law is in service before get married to my son. Since last six months she wants to leave our house. We are in scared that she got married too my son in Nov2011. If she leaves house and under any provocation if she complained to Police against us for dowry or for any other reason, as per our knowledge we understand Police immediately on complain of girl, police will arrest the family of in law. We need a legal advice what protection we should take to protect our family from any legal litigation.
Asked 4 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
If no exchange of articles has taken place then:
1. Is the same fact taken on paper or whether any proof/evidence pertaining to same exists. If proof exists then in the event if your daughter-in-law(DL) files a complaint under Sec. 498A, then 406 will not be applicable, meaning the section for dowry and breach of trust won' t be applied; which becomes a critical hurdle in securing the bail;

2. if your DL is threatening you for filling a false dowry case under sec. 498A, then you may approach the local police station and get an n.c. registered stating the facts on which the threat is being issued. And, further if there is any complaint against or inquiry against you/family for pressing 498A, then you and your family members can seek anticipatory bail based on the n.c. filed. Usually, if the FIR is not filed the sessions and high court do not permit anticipatory bail. 

3. However, if there is perceived threat of getting arrested, then the session/high court can grant 48/72 hours anticipatory bail, in an event, if in future a FIR against you/family may be filed. However, you would have to convincingly prove that your fundamental right would be violated. An important landmark judgment in this matter is Geeta Mehrotra & Anr. vs State Of U.P. & Anr. on 17 October, 2012, which may be cited in seeking anticipatory bail from sessions/high court.

Hope I answered your questions. Please let me know should there be any need for further clarifications.

Thanks,
Adv. Feroz Shaikh.
Feroz A. Shaikh
Advocate, Mumbai
407 Answers
58 Consultations

4.4 on 5.0

Ask a Lawyer

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