• 498a and section 3/4 DP Act case filed by brother's wife

My brother got married on 16th Sept 2015 and they gave pooja items of silver worth around 1lac to us in my native and told my parents to give couple when they return to Bangalore eventhough we didn ask them . And couple went and didn return to native and saying nice excuses and didn inform anything and directly came to Bangalore where brother is working and me and my mom were already staying . As soon as they came, my mom did Arthi and fed them with milk and banana and went to herroom .. My brother came to   my mom  room and forced us to take her parents bag from ground floor which my mom denied and bro was argueing with us . Suddenly my sister-in-law came to beat us and called police and told police that we beat her so requested police. Police understood the problem and adviced my sister-in-law and her parents that they don have rights to make them to leave the home . From that day onwards  , our home is divided into 2 portions with 2 kitchens and sharing only common kitchen and there is no communication to them .. Bro comes and asks whether we had food. 

Then on Dec23rd , She and her parents fought with bro and left home . Then my brother kept on calling and inviting her to home which she rejected . Then March 10th 2016, she and her relatives came and did her 5th pregnancy ritual in our home without any intervention of us and next day they packed all her things and assualted us (me,my brother and my mom and my dad) and went and filed 498a and section 3/4 DP act . 

Still now there is no communication to her .. Whenever her parents comes and fights with my brother , we had to support brother . 

She has informed police that my bro should come to her home and there should not be any communication to my family . If my bro doesn accept, file case against family . Since my bro didn agree they filed case on whole family without investigation with us . She filed case on 12th March 2016.

On 14th March 2016,  we got FIR copy and accussed list as (A1 - My brother /A2- Me / A3- My mother / A4 - My father) ..

Now we have applied for bail , lawyer says judge has raised objection .. And probably order will be passed tomo (30th March 2016). 

And when we checked in ecourt website using our FIR number , Accused order list has changed in website( A1- Me / A2 - My mother/ A3 - My brother / A4 - My father).

Me, my brother and his wife are all working in IT company.

She has made false allegations like below in FIR (Pasted first few sentences) :

From first day of engagement , my husband family is demanding TV, Villa , more and more jewels . His sister and mother are here and not leaving me to live happily . They are demanding every time . Currently they are asking 4 wheeler and my whole salary" They took my 21/2 KG silver on first day of marriage and didn even show to me . And my husabnd family is not allowing my husband to talk to her . we didn provide even water and didn allow her to boil milk .


Our concern :
1. Since they always attack my brother , eventhough my bro liked his wife lot and lot , he is afraid to live with her . 
2. She doesn even like him talking with us generally . 
3. She is kind of adamant and eavesdrop our casual talk and over exaggerates to an extent .
4. She has run from our home few times and even if my brother talks with my mom over phone .
5. For everything , she used to threaten my brother that she will file 498a against us .
6.  Now she is not with us and taken all her items except pooja items made up of silver . 
7. In honest , she  attacked me and spreaded rumour to house owner  that i kicked her stomach to get sympathy since she is pregnant . 


My questions :

1. Whats the implication of 498a and section 3/4 . Should we prove or sister-in-law has to prove ?
2. How accused order is changed in ecourt website from FIR copy . Will it have impacts ?
3. Since my marriage is abt to be fixed, is there any fastest way to get rid of it ?
4. Why Anticipatory bail is getting delayed ? Raising objection is formality or its specific to cases ?
5. How sister-in-law can prove the allegations .. She may have some audio recording which is captured during fights but there wont be any talk regarding dowry .
6. Since we are from tamil nadu and all fight conversations are in tamil and case is registered in Karnataka . How this will be handled ?
7. I can go ahead with my marriage procedures or is there possiblty of being convicted later which may impact my marriage life ?
8. Marriage expenses around 8 lakh is borne by us , is there way to get compensation ?  
9. Since they didn ask abt silver to us even once since there is no communication , does it comes under dowry . And we were ready to give and because of safety reasons , we din bring to Bangalore since always me and my mother used to travel to native.. My bro and his wife came once only after marriage for Diwali , there also her parents fought that we didn provide master bed room to them and she left with angry .. we were abt to give pooja items but because of that fight, our focus was changed.
10. She can complaint on family members as well ?
11. During charge sheet , what are the evidences supported for court proceedings ?

Please provide correct guidance to get rid of this problem as soon as possible .
Asked 8 months ago in Criminal Law from Bangalore, Karnataka
Religion: Hindu
1) SIL has to prove allegations made in complaint 

2) 498A case take over 5 years to be disposed of . N short cuts fir early disposal 

3) you and your parents would get AB 

4) SIL has to furnish transcripts of audio recordings in English or language in which proceedings are conducted in court in Karnataka 

5) you can get married 

6) yiu won't get the marriage expenses incurred by your family 

7) SIL can file complaint against family members ,

8)police will carry out investigations and submit charge sheet . The statement recorded of SIL , statement of accused , witnesses etc would all be taken into account while filing charge sheet 

Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1. The onus to prove the allegations is on her as she has filed the complaint.
2. Change of order of accused does not have a bearing on the merits of the case.
3. You can move the High Court for quashing of FIR but no remedy will produce the desired result at the throw of a hat.
4. The laid down process which would govern disposal of AB is being followed in your case.
5. A translator will have to come to court to provide the transcript of the conversations.
6. Nothing stops you from getting married.
7. You can file a suit for recovery of money and compensation after all of you are held not innocent by the court.
8. All the evidences in prosecution and defence will be analysed by the court to see if the guilt is proved in accordance with the required degree of evidence or not.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Contest the case on merits in accordance with the advice of your lawyer.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) for transfer of case from Karnataka to Tamil Nadu you have to move SC 

2) check court records whether AB had been granted or not 

3) complainant had to prove his case 

4) you can call upon complainant to produce documents sought by you 

5) it is doubtful wife will commit suicide in any case . She is not staying with you and you cannot be blamed if she attempts to commit suicide 

6) engage detective agency to gather evidences 

7) your brother cannot be forced to stay with his wife 

8)498A case cannot be filed by husband 


9) mother in law can file DV case against DIL 

10) your mother can also obtain injunction restraining DIL from disturbing her possession of the house if she is the absolute owner of the house 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1. Whats the implication of 498a and section 3/4 . Should we prove or sister-in-law has to prove ?
First you all get AB and then challenge her case in the trial court.properly


2. How accused order is changed in ecourt website from FIR copy . Will it have impacts ?
Dont bother about this, the mistake will be due to data entry too.


3. Since my marriage is abt to be fixed, is there any fastest way to get rid of it ?
You have to go by the court proceedings, whether it takes time or getting wound up at the earliest.



4. Why Anticipatory bail is getting delayed ? Raising objection is formality or its specific to cases ?
This question should be answered by your own advocate who is in the knowledge of prevailing circumstances.



5. How sister-in-law can prove the allegations .. She may have some audio recording which is captured during fights but there wont be any talk regarding dowry .
To prove her case will be her botheration, so wait until trial and see how she proves her allegations.




6. Since we are from tamil nadu and all fight conversations are in tamil and case is registered in Karnataka . How this will be handled ?
In English language



7. I can go ahead with my marriage procedures or is there possiblty of being convicted later which may impact my marriage life ?
You have to decide about it analysing the situation, nobody can predict the judgment.




8. Marriage expenses around 8 lakh is borne by us , is there way to get compensation ?  
You may file a separate case for recovery on the basis of evidences in your side and the merits  because it is an expenses for marriage and not for an agreement so there is no question of compensation. 




9. Since they didn ask abt silver to us even once since there is no communication , does it comes under dowry . And we were ready to give and because of safety reasons , we din bring to Bangalore since always me and my mother used to travel to native.. My bro and his wife came once only after marriage for Diwali , there also her parents fought that we didn provide master bed room to them and she left with angry .. we were abt to give pooja items but because of that fight, our focus was changed.

When she is giving a list of items to be returned, you can return them






10. She can complaint on family members as well ?
She can do anything, who can control her?




11. During charge sheet , what are the evidences supported for court proceedings ?
When the charge sheet is filed before court, you will come to know about it. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
In fact, my bro has given costly gifts to her before and after marriage . Marriage expense /honey moon expense / costly gifts and cash of 15k for neck chain rituals and costly saree of 50k for marriage as per her demand .  Since my brother insulted us in front of her and her family and didn help in any manner , they misused it . I think our expense is triple/four time more than their engagement expense . So they want my brother as slave and to ake him accept , they might have changed my name as accused .

All those discussed by you in the above lines and other paragraphs are to be taken up during cross examination and that too intelligently, so that she confesses her mistakes and spoils her own case.
Inform all the stories to your advocate who shall take care of all the issues during trial proceedings. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
1. Lawyer keeps on telling that judge has not passed order for AB .. Whats happening actually ?
If you dont trust this lawyer, you may change him/her and engage another person. 




2. Case can be transferred to Tamil Nadu ? If bride side requests to change case to Tamil Nadu , will it be transferred ?
It is not a child's game that anything can be done at any point of time at their whims and fancies.  The rule is that you have to  apply for transfer to your state by a petition before supreme court, which may decide to transfer or not. on merits.





 3. Are we supposed to provide evidences? Or do we have rights to ask below evidence ?
      ->Her bank statement from date of marriage - To prove that she has not transferred any amount to her .
      ->Her phone calls - To prove that we didn restrict her to talk with her parents.
     -> She has done many online shopping , will it become strong evidence to show that she  was not tortured by us .
     -> We have electricity bill for past 6 months which shows up difference in the months when she was here . Is it enough to prove that they had cooked separated since they used induction stove .
    --> My brother has all medical bills of her when she was here and taken care of her medical expenses .

These things can be taken care of during trial.





4. In case , her family comes and talks with us, how do we handle that ..We are afraid that they may come and make us to talk abt dowry and will try to collect as evidence .Please suggest me to handle this situation legally . Because if they do something and will get some kind of video and may try to cancel our bail .
If you apprehend foul play, dont entertain them  or dont even look at them.





5. If she commits suicide or something for only sake to take revenge after filing case , will it strengthen the case ? We are too afraid since she is too much adamant. once her mother has told that she bet and after winning the bet she made her mother to shave her head .

Dont stretch  the issue by your imagination, let she come out with her game plan, you can counter it accordingly. 





6. Contacting security agencies/spy  to collect evidence is allowed legally ?
NO





7. My brother has strongly decided not to live with her hereafter . But in case , if she says that she wants to live with my brother , how do we handle it ? Based on her attitude and behaviour , she wants my brother as slave and ATM machine and atleast to show up that she is good.
Your brother has to decide about it and not you, dont interfere in their life for your safety and their well being.





8. 498a can be registered only by  wife and wife's family not by husband ? Most of the cases , wife side demands money and if husband doesn support , they use dowry as weapon.
What do you want to say by this?



9. Domestic Violence case can be registered only by wife . Not by husband and husband family ? 
Your understanding is right, read the provisions of law for confirmation.



10 . Is there a section to file case on her uncle since he used his profession as weapon to make police to file the case ?
If he has directly attacked you, you can bok him under assault case.  He cannot be booked for his indirect involvement.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
1. How do we know?
2. She can file for transfer of case to Supreme Court, which can be contested on merits by you.
3. Depending on what is alleged and who is under the onus to prove the fact the evidence will have to be led.
4. If she commits suicide then you may have to face criminal prosecution for abetment to suicide.
5. You are free to hire a detective to gather evidence. It is perfectly legal.
6. 498A cannot be filed by a male.
7. The mother-in-law can also file a case for domestic violence.
8. None.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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