to co0unter false and frivolous dowry harrassment
V.N.K. MENON
(Querist) 09 March 2016
This query is : Resolved
A false and frivolous case of dowry harassment [u/s 498 IPC]was initiated in Crime Against Women Cell by daughter-in-law after leaving us our place. There is no system of dowry in our community so also none has been taken. [My elder son is also married and no dowry was taken in the case - the girl’s parents are ready to vouch for it].
The marriage took place in 2012 camouflaging the fact by the parents of the girl that she is mentally unwell and her parents used to take her to an asylum now and then and used to give certain injection. When the effect of the medicine deteriorates she started abnormal behavior. This has been secretly continuing even after marriage under one pretext or the other and the fact came to our knowledge recently only and when the cat was out of the bag, she was taken by her parents and the drama started.
I am 68 years old. She used the provision of 498 as a weapon to harass me and members of my family. [Reliance Apex Court judgment: Arnesh Kumar vs. State of Bihar Page-3- DOJ: 02.07.2014]. The business of DV/divorce case was going on quite well prior to the said judgment.
Second conciliation will take place on 14.03.2016
The question is which is prudent and can sustain:
(1) FIR u/s 385 (Extortion), S-420 (cheating) S-34 (common intention) and S-499 (defamation). [There were analogous cases in Bombay and Bangalore respective High Courts.]
(OR)
(2) Criminal case in the trial court.
A considered opinion/ guidance from the experts shall be highly appreciated.
Thank you and with regards.
P. Venu
(Expert) 10 March 2016
Theoretically, the priority should be on meeting the charges on merits.
However, given the inordinate delay in deciding the cases, you have the option to file counter-cases in the given situation. FIR could be lodged on the first mentioned offences.
No charge of defamation lies against proceedings in a court.
Rajendra K Goyal
(Expert) 10 March 2016
Repeated query:
http://www.lawyersclubindia.com/experts/False-frivolous-dowry-case-to-extract-money-588636.asp#.VuFB5fl97IV
A. A. JOSE
(Expert) 10 March 2016
Make use of your opportunity to effectively rebut the charges levelled against you by your Daughter-in-law . You have a right to proceed against them as stated by you, but such counter-blast actions may not necessarily achieve the purpose you envisaged except that the other side would also be forced to bear the brunt.
Kumar Doab
(Expert) 10 March 2016
Why to repeat the query.
SAINATH DEVALLA
(Expert) 11 March 2016
Dear querist U have been ably assisted in UR previous query,what makes U repeat it.
V.N.K. MENON
(Querist) 12 March 2016
THANK YOU EXPERTS. REPETITION MAY BE DUE TO SOME SYSTEM ERROR AS I HAVE NOT REPEATED THE QUERY.
ONCE AGAIN THANK YOU ALL
SAINATH DEVALLA
(Expert) 12 March 2016
Though repeated Adv Venu has given the right opinion(same in the previous query too), act according his suggestion.
