• Threatening for Dowry Act from my wife and in law side

Respected sir

My marriage was on 26th May 2013. And I have been living in Delhi from 2007-8. We are three brother, they are younger than me and still studying .Therefore all of my family members dependent upon me. But from the beginning of my marriage, my wife wants to live complete separate to family. Due to which there is always discord at my home. Now my in law family including my wife threatened us to file the dowry act 498a against my family members. 
So this is my humble request to kindly suggest me how can I save my family to it.
Asked 6 months ago in Family Law from New Delhi, Delhi
Religion: Hindu
Hi, Even though your wife has lodge a police complaint against you and your family members, police will not arrest you and your family members immediately, first they have to verify the genuineness of the Complaint and after that they have to issue notice to you and your family members and then matter has to be referred  to the mediation thereafter only police has to register the complaint against you and your family members.
2.  So you have sufficient time to apply for anticipatory bail and after getting the bail you can contest the case on merits.
3. Even though she lodge a petition under DV Act, nothing will happen. So do not bother too much and contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1)stay in separate rented flat with your wife 

2)it will help in insulating your family members to some extent in case false 498A case is filed

3) in case 498A FIR is lodged apply for anticipatory bail from sessions court 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
It is suggested to consider what do you want to achieve . If you think this marriage will not work either speak with your wife and separate from her through mutual divorce or file divorce on grounds of cruelty, before she files a false 498A or domestic violence. 
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Hi
 if you chose not to move away from your family don't agree to her.She may be trying to pressurize you.
However if her family trying to put pressure on you, record the conversations of their threat of filing complaint . then approach the police and   talk to the station officer to intervene and help you.This will be a record to show that your wife has been threatening you for her unreasonable demand.

Please know that your wife has an option under the provisions of law to ask for a separate residence , for that she has to approach a court and file a petition under " protection of domestic against violence act 2005", for a separate residence. But this does not ensure her that you will be with her, so she may not go for it if she wants to live with you.

find out what your wife wants, she wants a   life with you or she wants money and divorce from you , if the relationship with you and your wife is working  and there are not much misunderstandings, she may not initiate any legal proceedings as she knows it would lead to a divorce ultimately.

so try to talk to your wife, convince her that you wish best for her, tell her your responsibilities and worries about your family, and let her know your decision. If you feel that she is adamant and selfish, can go to any extent to trouble you, involve few mediators (relatives or friends of both families and have a discussion) , this will also be a record if at all an F.I.R from her side.
 Be  wise enough to have a record of happenings and if possible the conversations. Intimidation from your part, your parents parts will have serious effects if she takes a legal step, so stay away from it.
was there any money/dowry/taken from her family at the time of marriage.Know that her gold , jewelry, money whatever she brought with her belongs to her, so let her keep it with her , so that you can avoid the trouble. if you or your parents have her jewelry under your custody make arrangements to keep it with her.   while you have  the meeting or discussion with her or her family make an entry of all of it and and get her acknowledgment that she has it with all. 

what  a  wife brings along whither as "sthridhan" at the time of marriage and afterwards  is  always a trouble for the husband  when there is a marital dispute and especially in  498A and dowry cases.
 
If things don't work discuss  about the solution in terms of a mutual divorce, this should be discussed before the mediators or in the presence of both families depending on the situation.  It will be unwise to discuss /ask with your wife about divorce  while you both are alone , she can interpret it as cruelty. 

498A IPC  is charged for an offence, for marital cruelty by husband and family, along with dowry demands and harassment . from the narration it does not appear to me that your wife has got a case, if at all she files a false case , that will be only when she decides to end this marriage and demand some money. As every one knows once F.I.R under   498A I.P.C filed the lady has no chance to come back to her husband and family in the normal course.

As of now your wife is staying with you, if  she goes to her parents home and you feel that she is planning for a complaint under 498A, you should apply of ran anticipatory bail. In usual case the Police will give you notice under 41 of Cr.P.C to reply your part of case  , during this time you will get time to move to court to file a for anticipatory bail.

you will get bail unless there is a serious situation where you have thrown your wife out or physically assault her etc. 

Now there is no legal step you can take anticipating your wife would do something.
if your wife go out of the house to her parents place , then immediately approach the court with an RCR (asking an order to restitution of  your conjugal rights, asking her to come back) Petition , if you  wish to continue in the marriage and this will be a defense to show that your intention to be with your wife.

if she lodges an F.I.R despite your efforts to save the marriage, then don't bow down to her demands and threats , get good legal help and fight the case , and file for divorce on cruelty ground. 

that in the legal  dispute , the worst is an F.I.R under 498A against you and family , to defend it get an anticipatory bail and take the trial in the court.
If both parties agree to end this amicably, then go for a mutual consent divorce. 

So get assistance of a lawyer and depending on the situation take your legal steps to defend you.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
There is no surprise that a married woman taking the legal weapon in her hand to threaten her husband and her in laws by slapping criminal dowry harassment cases and other women biased criminal cases just because the husband is not fulfilling her desire to set up separate family after marriage. 
Nothing to be frightened about this.  If she  or parents are adamant about on this issue and pose threats of such false criminal cases, you may be stubborn in your decision to not to budge to their pressure tactics, ask them to go ahead and take anticipatory bail in the meantime.  You can challenge her false case in the court during trial proceedings.
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
As and when she files the criminal complaint for dowry harassment against you and/or your family members all of you should apply for and obtain anticipatory bail so that you do not suffer arrest and detention. Thereafter, the case can be contested on merits. Record her threats to collect evidence of your innocence.
Ashish Davessar
Advocate, Jaipur
18205 Answers
449 Consultations
5.0 on 5.0
Your wife is in full mood of taking revenge on your mother by making her to step into the stairs of the police station.

She will not calm down until her desire is fulfilled.

So, this can give her satisfaction and if it appears that this will solve all he issues amicably, you may bring your mother to the police station and make her to give a statement about your wife's attitude and behavior in her matrimonial house.  

If the police appear to register FIR and try to remand your mother, you may not bring her to the station.

Apply for anticipatory bail for everyone and challenge her false cases in the court accordingly. 
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
1) no harm in bringing your mother to police station . 

2) let mother statement be recorded 

3) dont fill any bond paper without consulting your lawyer 

4) contents of bond paper have to be perused 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0

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