U/sec.498(a),367,506ipc
srinivas
(Querist) 23 December 2016
This query is : Resolved
Dear sir/madam,
A false FIR is filed on my relatives (including husband, parents, sister and sister-in-law) in the nearest police station U/Sec.498(A),367,506IPC. All have been released by the AB. The petitioner is often approaching to the PS by the political support and forcing the officials to do something harassment on them. Even in the court, she is directly approaching to the Judge and shouting to make imprisonment. But she is living with her husband in the same house along with their children. She left the in-laws house after the marriage (25 years back) She is demanding amount from her husband and relatives, otherwise case is prolonged in a different steps.
Kindly suggest a remedy for this case
Guest
(Expert) 24 December 2016
Your description is not clear from whom she is demanding amount to her husband, when she has filed case against husband also, while living with husband?
Rajendra K Goyal
(Expert) 24 December 2016
Who is the owner of the house where she is living?
Whether the complaint is for property / money?
Whether she is living with her husband?
If the house is in the name of parents,they can ask her to vacate the house. In case of need parents should approach senior citizen helpline.
Parents can lodge complaint of domestic violence against her, to reply in same coin.
srinivas
(Querist) 24 December 2016
Dear Goyal sir,
Her husband is the owner of the house
She is living with her husband
srinivas
(Querist) 24 December 2016
Dear Dhingra sir,
She is demanding the amount from her husband only. Otherwise she is threatening her husband that his family will suffer in many ways
Guest
(Expert) 24 December 2016
Mr. Srinivas,
In view of your clarification, I would like to partially agree with the advice of Shri Rajendra K Goyal to file a case , as complaint on domestic violence can be lodged, but only by the female members of the family, i.e., the mother-in-law or sister-in-law, etc., but not father-in-law in this case.
Further, the parents cannot evict only daughter-in-law without eviction of their son. Being wife, she has the right to reside with her husband, wherever he lives, in parental house or in rented house.
So, it is better, sooner the better if the son of your relatives leaves the house at his own to avoid any such event, where his wife may lodge false complaint against his parents.
srinivas
(Querist) 24 December 2016
Dear Dhingra Sir,
She is living with her husband and children in a separate house since 25 years ie. after the marriage
Guest
(Expert) 24 December 2016
Mr. Srinivas,
Please make a review of your own original query, where you stated, "But she is living with her husband IN THE SAME HOUSE along with their children." But now you have stated, "She is living with her husband and children IN A SEPARATE HOUSE since 25 years ie. after the marriage."
But if she is married for the last 25 years, her case of domestic violence against her in-laws would be quite weak and can be considered as pretensions. But still precaution is better than cure.
srinivas
(Querist) 24 December 2016
Sir,
Iam sorry sir. She left the house with her husband and children long back. Her in-laws are not with her in the same house.
Guest
(Expert) 24 December 2016
Thanks for clarification.
srinivas
(Querist) 24 December 2016
Thank you Dhingra sir for your valuable information
Guest
(Expert) 24 December 2016
You are welcome.
Rajendra K Goyal
(Expert) 24 December 2016
family members should defend the case on merits. A good lawyer would prove beneficial in such case.
Expert P. S. DHINGRA has guided in positive direction.
Guest
(Expert) 24 December 2016
Rajendra ji,
Thanks for agreeing with my opinion.
Rajendra K Goyal
(Expert) 25 December 2016
Family is living in house which is in the name of the husband. Husband is living with wife in separate house from 25 years.
It seems wife has filed case to pressurize the family members to vacate the house which is in the name of her husband.
As the house is their ownership occupied by family members, she is trying each and every avenue to get the house vacated.
Morally, family should vacate the house, if owner does not want them to stay in it.
Guest
(Expert) 25 December 2016
Dear Shri Rajendra K Goyal,
You may please like to recheck your reply, where you have mentioned, "Family is living in house which is in the NAME of the husband."
What I find, the original query of the author is "A false FIR is filed on my relatives (including husband, parents, sister and sister-in-law) in the nearest police station U/Sec.498(A),367,506IPC. All have been released by the AB. The petitioner is often approaching to the PS by the political support and forcing the officials to do something harassment on them. Even in the court, she is directly approaching to the Judge and shouting to make imprisonment. But she is living with her husband in the same house along with their children. She left the in-laws house after the marriage (25 years back) She is demanding amount from her husband and relatives, otherwise case is prolonged in a different steps."
"Kindly suggest a remedy for this case."
the author has not mentioned that the family is living in the house owned by or in the name of her husband.
Moreover, in his subsequent clarifications also, he has not stated that the family is living in the house owned by or in the name of her husband, as can be seen from his statements, "She is living with her husband and children in a separate house since 25 years ie. after the marriage,"
AND
"Iam sorry sir. She left the house with her husband and children long back. Her in-laws are not with her in the same house."
Even in another thread the author mentioned only the in-laws house, in his description, "She left the in-laws house after the marriage (25 years back)" in the link:
http://www.lawyersclubindia.com/experts/Remedy-from-u-sec-498-a-367-506ipc-626731.asp
