• Family dispute

My Brother's wife threatens to me that she will kill herself and her 2 years daughter due to dispute in our family and will made a suicide note against all of us. She used to have problem with my mother. 

I took my mother to other house now she wants that house ( the house is in my name) to be give to her and monthly compensation otherwise she will commit suicide. My brother is also with her.  2 days earlier she came to our new house and talked abusively to my mother and my maternal uncle. 

I am already contesting my divorce case from my wife. My brother's wife knew this and if she file case against us my in laws will have get strong point.

What should I do to get safe my mother from this. If my brother's wife file DV or 498a case against us what should i do.
Asked 11 months ago in Family Law from Haridwar, Uttarakhand
Religion: Hindu
1) file suit for eviction against your brother and sister in law if they refuse to vacate house in your name 

2) record all threats received from sister in law 

3) if your sister in law threatens to commit suicide lodge NC against her in local police station 

4)your mother can file DV case against her daughter in law and her son and seek protection order 

5) she can also call senior citizen helpline if she is harassed 

6) don't bow down to blackmail tactics 

7) if false 498A case is filed yiu and your family can obtain Anticipatory bail 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
File a police complaint by yourself and your mother against her about  threat of suicide .This incident not affected in your DV case.If she file false 498A case then take  anticipatory bail 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Do not worry.  Now the 498A and dowry act concept has been diluted.  Now the police cant book cases against you mechanically.  There are supreme court Judgements on this point.  If she really files the case against you and your close relatives, contact me through Kaanoon.com.  I will help you. 

Regarding house is concerned it is in your name.  Is it your self acquired or ancestral.  If it is your self acquired, nobody can claim your property.  You have full rights.  

Regarding threatening that she will commit suicide and kill her 2 years daughter, you should get alert.  You, yourself, your mother and other relatives associated with this issue should give a legal notice (through registered post and emails and SMS) to your brother's wife, asking her to withdrew her claim of asking your property and also withdrew threatenings of killing herself and her two years old daughter and to mend her ways and to come to scences and to maintain harmony and peace in the family.  This will save you to large extent, if she commits suicide and may be with suicide note.  You can come out of the criminal case easily. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
File a police complaint for criminal intimidation against her. You can also seek injunction from the civil court. If a criminal case is filed against you then immediately apply for anticipatory bail.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Hi, don't belie her, she can't commit suicide and it is a tack ticks adopted by your sister-in-law.

2. She will not commit suicide, if she did so you can contest the case, if you go on fear to her she will continue the same to extract the money from you.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Audio Record all her threats which amounts to blackmailing,

2. Lodge a police complain against your sister in law and also brother for blackmailing you,

3. Let your mother file a DV case against your sister in law,

4. If police does not take any action, file a Writ Petition against police inaction.
Krishna Kishore Ganguly
Advocate, Kolkata
12118 Answers
231 Consultations
5.0 on 5.0
Your brother's wife cannot claim the house which is not in her name.  If she still acts arrogantly and issues suicidal threats, you may lodge a complaint against her with the local police and tell them about her attitude of issuing threats and causing restlessness to you as well as to your mother.
Your mother also can give a complaint against her or she can file a case under the senior citizens welfare act seeking protection against her unruly and atrocious behavior.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
first you should record her demand against threat of suicide and file an complaint before court against her under section 383 IPC. When complaint is instituted her defence will become ceased in pending cases. Section 137 evidence act give a right to struck down evidence of a witness when his veracity is doubtful. Jakir hameed vs state of Bihar 1989 it held by supreme court that act of blackmailing constitutes strong presumption against the witness that his deposition is doubtful. Her husband bears first responsibility to maintain her. She cannot claim maintenance from her mother in law or brother in law. She has no such right.  
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Immediately go to the local police station and lodge a complaint against her that she is threatening to commit suicide despite you and your mother residing separately. Also complaint that her behaviour has been unreasonable and has created a panic situation at home. 

Let her come to the police station and give explanation to her unreasonable behaviour. The NC complaint would guard you all against DV and 498A cases and police will also be aware of your case. 


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
You can file complaint after few days if you so desire 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
What case you want to file.  What is the relief you want from Court and against whom. Pl elaborate. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
There is no time limit for filing criminal complaint, however it should be lodged within a reasonable time.  You can lodge a police complaint even now, it will not be late.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
You can file it as you were prevented by sufficient cause from filing it.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Yes, you can file the police complaint after the lapse of a reasonable period since there is no limitation in filing criminal complaint though abnormal delay may be questioned by the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12118 Answers
231 Consultations
5.0 on 5.0

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