498 a wife & family tried to extort money one year back
youngbro
(Querist) 17 June 2014
This query is : Resolved
Respected Lawyers,
My bro 's wife had disputes and due to ego she left the house, and one day she invited my parents from hyd to banglore for settlement with her unemployed dad & uncles and try to extort 7 lakhs by showing that they will file 498 cases etc, my brother signed the checks and gave, as he along with my parents got very scared, but then we told him to hold the payment, and this madam went to police station and filed 498 a and DV case, which is going on, and causing lot of pain, my question as I am very frustrated by seeing my old parents suffer like, I want to file the Money exortion and elderly abuse case on them.
Can anyone please tell me the cost to do it, and how strong this case will be, we have the proof that she went to bank and encash the cheque. I definitely want her parents to go around the courts 10 time of what she is doing my parents. What all cases can I file on her family, is there any which protect, elders you are diabetic and very old , without any criminal records , how can we not protect this old generation, who did sweat so much to build this country, before IT came, every rupee was so hard to earn.
My bro 's ex is working in IT company , who has 2 unmarried sisters, and her main motto was to extract money from this relation. As my brotheris the only son.
Pl let me know, if we can sue them for defamation/extortion and elderly abuse , I want to drag to court for true cases, unlike her , they did do physical as well as verbal abuse with my Dad and mom.
ajay sethi
(Expert) 17 June 2014
1) contest 498A and DV case on merits .
2) obtain AB for parents . further make application for exemption until further orders before trial court .
3) As far as Dv case is concerned nature of allegations made in complaint have to be seen . court will grant exemption from personal appearance until further orders .
4) apply for discharge before trial court in DV case for your parents if n allegations made in complaint against them
5) no case of defamation /extortion is made out
Rajendra K Goyal
(Expert) 17 June 2014
You have to defend the cases against your parents.
It is advisable not to open new fronts by filing new cases, these may not fetch desired results.
Devajyoti Barman
(Expert) 17 June 2014
1. If you have prima facie evidence of threats you can file case of criminal intimidation and extortion.
2. To protect your near and dear ones in 498A cases it is very necessary you also take counter measures like one stated above.
3. Since she is IT employee, she is not going to get maintenance DV case.
R.K Nanda
(Expert) 17 June 2014
agree with experts.
Raj Kumar Makkad
(Expert) 17 June 2014
Well advised by experts hence no more to add.
youngbro
(Querist) 24 June 2014
Thanks Experts, Ajayji you mentioned no case for Extortion of money is made out, why not, can anyone come to old couple and threaten them for money , unfortunately she happen to be part of the family but still it is wrong, can I not file a case against her
Raj Kumar Makkad
(Expert) 24 June 2014
The facts do constitute a criminal offence so definitely a criminal case can be filed.
