What precautionary measures one should take to avoid 498a case.
Ram
(Querist) 30 July 2012
This query is : Resolved
Dear Experts,
Kindly request you'll provide solution on below query. Thanks in advance.
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My son is planning to marry a girl without my willingness.
I have tried to convince him however, he is not ready to understand and saying he
will marry the same girl.
Reason i am against his marriage is that, his kundali is not matching with the bride
and i also know that the Bride's parents are big time cheaters because of the past
records and they have eye on our house and my son's salary.
Now, i have informed my son that if he wants to marry her then he can marry in a
temple/court as per his wish and take a home on rent & stay with her wife and do not
enter my house.
I have few questions in my mind in this regards and kindly request you'll to answer
below listed questions:
1) What legal action can i take, if they(he & his wife) enter my house and start
staying with us ?
2) Is it possible for them to put a fake dowry case against us( Because we are damn
sure bride's parents wants to screw our happiness) even if they are staying on
rented house and away from us?
3) Shall I make a legal document which will say that my son is doing marriage on his
own wish and we are not involved in this ?
4) Any precautionary measures you would like us to take in such scenario ?
prabhakar singh
(Expert) 30 July 2012
As precautionary measure you should, in my opinion,get it a paper published to the effect that you disown your son,who has turned up disobedient and marrying on his own,with whom you have severed all relations,whatsoever and accordingly deprive him from inheritance.He here now is not permitted to live with us in my/our house and accordingly he has left and gone out of your house.
The paper should be of a wide circulation.
you should not participate in any of their marriage ceremony.
You can lodge FIR at then and can resist his entry by self defense force.
ajay sethi
(Expert) 30 July 2012
agree with prabhakar sinhghji . disown your son . in addition make a will bequeathing your property to whom soever you so desire . dont particpate in marriage rituals . let him stay in rented premises
K.K.Ganguly
(Expert) 30 July 2012
Rightly advised by Mr.Prabhakar Singh. You should disown your son duly publishing the same in News Paper. Also inform local Police station on the matter clearly stating that your son has been prohibited from entering your house post marriage. This will to some extent guard you from the prospective complaint u/s498A.
Sudhir Kumar, Advocate
(Expert) 30 July 2012
Barring his son from entry of house and informing the police can be possible onloy if the house is hiw own created adn not ancestral.
girl side may like to argue that because of dowryless marriage he has been trown out.
prabhakar singh
(Expert) 30 July 2012
So what? even then no problem?
What else can be the precautionary measure in your opinion is his need here and not what can be plea on the other side.
Ram
(Querist) 31 July 2012
Thanks Experts..but now here is another problem...yesterday i spoke to my son and said that i would remove his name from ration card and disown him if he wishes to marry that girl. He is bit scared and somewhat he is convinced & also informed the girl that she should not call him on his cell or chat with him.
Now, we know that girl's parents are big time cheaters they will surely come to us for fight since my son has denied to marry that girl.
He has confirmed that he has not done any wrong thing with that girl. That girl has taken few together pics when they used to meet each other and i am also sure she might have kept phone/message records of there conversation & FB's chat records.
What we should do if they come to our house and start fighting with us & saying that your son has roamed with their daughter, have few together pics and commitment of marriage ?
ajay sethi
(Expert) 31 July 2012
was any engagement announced? merely boy andf girl going out together for date does not amount to a commitment . no engagement has been anoounced . no physical relation ship has taken place .
so dont panic .
K.K.Ganguly
(Expert) 31 July 2012
Cross the bridge when it comes.
prabhakar singh
(Expert) 31 July 2012
Agree with experts.Do not panic.Is the girl major 18?
V R SHROFF
(Expert) 31 July 2012
I agree with experts.
s your son agreed to you, be with him,cut off all relation with that girl and the family. Her parents have no right whatsoever.
You din not declare , the property is ancestral or self acquired??? It can make difference in case of marriage.
If your son marry, or have live in relationship, and the house is ancestral property, you have problem, , ::: otherwise not.
Sudhir Kumar, Advocate
(Expert) 31 July 2012
Not so easy walk through problem. He has to foresake hissone as advised by experts.
With the new development they can allege that marriage is being denied due to dowry angle. As he himself knows they are cheats and such people know how to use law and procedure to best advantage.
Ram
(Querist) 01 August 2012
Mr Sethi: No engagement was announced formally and they had just roamed together where she might have convinced my son for marriage.
Mr. Shroff: House is on my name however, just fyi.. that my father bought a plot on which we have made a building. Now, that flat and the plot is transfered on my name 40 years ago. I hope this is not considered as an ancestral property in today's date ?
Mr. Kumar: Your sentence,"With the new development they can allege that marriage is being denied due to dowry angle."
BTW: What does new development mean in above sentence?
I assume this would happen only when we had announced formally that my son is getting married to that girl. However, in this case there is no formal communication done and it was just a trap which was planned by girl's parents to convince my son for marriage.
Please revert if you need any more info...
Sudhir Kumar, Advocate
(Expert) 01 August 2012
My dear sir,
The following are facts :-
(i) You never wanted this marriage.
(ii) Your son has been in affair and promised marriage with the girl inspite of your disapproval.
(iii) You were not able to prevail upon your son.
(iv) You threatened your son with disownment and he agreed (at least for the time being).
You believe that your son has come out of dream. But such like sons and daughters do not like to learn a free lesson. It may be just your dream that he has seen the logic which you want him to see.
The parents can cook up a story which I do not want to describe on open forum as I do not wwnt to plant ideas for them or for your son.
Further do not disclose further facts on open internet for the sake of benefit of the lawyer of opposite side.
Send PM to the experts if you so desire
Guest
(Expert) 01 August 2012
Mr. Ram,
Waham ka koi ilaj nahin hota. Mind it, a suspicious mind person can never be convinced even with the most precious advice of the world by any expert. Neither you can predict what would happen in future, nor the experts can anticipate about unforeseen events likely to happen with you to enable them to suggest you the wayout of your problem unless you are pretty sure about any such likely happening.
Would you like to give replies to my following questions?
1) Do you know against whom 498A case can be filed or you have simply heard about 498A without knowing what section 498A prescribes?
2) Do you consider your son to be the husband of the lady in question and yourself as the relative of her husband, when no engagement or marriage took place with your son?
3) About your statement, your son has roamed with their daughter and have few together pics and commitment of marriage, does that mean your son has become husband of that girl, or you should necessarily consider her as your daughter-in-law without marriage?
4) What post marriage cruelty your son or you have committed to that girl, who is not yet engaged with your son, what to say of becoming your daughter-in-law?
5) If they come to your house and start fighting with you saying that your son has roamed with their daughter and have few together pics, won't you be able to respond by asking them why they could fail to restrain their own daughter from roaming with your son? Why you feel that every bit of spoonfeeding should be done only by experts to you?
6) When you are capable to assume this would happen only when you had announced formally that your son was getting married to that girl, why you are so skeptical?
For your information, 498A cases can be filed against husband or relatives of husband of a woman subjecting her to cruelty.
