Torture for dowry and physical and mental attack by father in law and step mother in law
ashok k rao
(Querist) 02 May 2014
This query is : Resolved
Sirs,
We have visited police stations in Bangalore for filing 498A and DP cases. Everywhere, they say to do PCR through court. They are willing to file NCR and call the other party which is going to be of no use. Why the Police are not taking 498A?
Devajyoti Barman
(Expert) 02 May 2014
If they are not taking the case then go to court and file case u/s 156(3) crpc.
Guest
(Expert) 03 May 2014
Agree with experts.
Rajendra K Goyal
(Expert) 03 May 2014
Before filing complaint u/s 156(3), try to approach the senior officials of the police.
ashok k rao
(Querist) 03 May 2014
Sir Mr Rajendra K Goyal,
We have already met CP Office (DCP PRO), who discussed with us 10 days ago and forwarded our complaint to the local PS for reply within 07 days. 07 days over and my daughter has sent a reminder email to CP Office for status. do we need to once again tell them anything that we are going to file 498a and DP 3 & 4 under 156(3)SIR?
ajay sethi
(Expert) 03 May 2014
if no action is being taken on your complaint file complaint in court under section 156(3) to direct cops to investigate
Dr J C Vashista
(Expert) 04 May 2014
Submit your written complaint to higher authorities (by hand/post, keep record), wait for 2-3 days, if no action is taken file a criminal complaint u/s 200 r/w 256 (3) Cr PC praying for directions to police to lodge FIR otherwise,, take cognizance, summon, try and punish the accused as per law.
Rajendra K Goyal
(Expert) 04 May 2014
Agree with the expert Dr J C Vashista ji. File complaint u/s 156(3) CrPC.
ashok k rao
(Querist) 04 May 2014
Great LawyersclubIndia. thanks for this "expert" advice Sirs.
ajay sethi
(Expert) 04 May 2014
thanks for your appreciation
ashok k rao
(Querist) 04 May 2014
Sirs,
My enquiries say that i can initiate the following against the step mother and father in law of my daughter.
1. To approach court forright of residence.
2. To approach court that when the step mother in law was running a brothel in first floor, no action was taken by police inspite of complaint.
3. Approach court to cancel the bail given to them for Sec 354 and other sections charged against the in laws.
4. The in laws were already on AB when they attacked my daughter on 24.2.2014 which confirms that their attack on my daughter was well planned.
5. Approach court for refund of money/s paid to the in laws for various reasons including their wedding expenses, jewellery not returned by step mother, amount paid to allow children to stay in ground floor.
6. The Father in law was arguing with the SI of the station that one ACP phoned to them to charge us, amount spent to get us charged and what is the use if he (Father in law) is also charged. can i do anything on this statement.
7. To apply to court to let my daughter live peacefully in the ground floor of the matrimonial house and remove the CCTV Camera put by in laws in front of the gate of my daughter's house in ground floor.
8. Write to the father in law's PSU factory on the charges on him and also the jewellery kept by the in laws in the locker which is beyond their income and also extra marital affair the FIL is having with a coleague in the factory.
request for advice.
Dr J C Vashista
(Expert) 05 May 2014
Pointwise reply to your questions is:
1. To approach court forright of residence.
Yes, declare the house as matrimonial house, where her husband has a share/residence.
2. To approach court that when the step mother in law was running a brothel in first floor, no action was taken by police inspite of complaint.
Yes, bring it in the notice of local police and its higher authorities, in case no action taken file a complaint u/s 200 r/w 156 Cr PC before area Magistrate/Court.
3. Approach court to cancel the bail given to them for Sec 354 and other sections charged against the in laws.
If you feel aggreieved approach higher court to cancel bail, which is generally disallowed.
4. The in laws were already on AB when they attacked my daughter on 24.2.2014 which confirms that their attack on my daughter was well planned.
Did you manage to get MLC ofyour daughter? Keep medical records and proceed in the Court.
5. Approach court for refund of money/s paid to the in laws for various reasons including their wedding expenses, jewellery not returned by step mother, amount paid to allow children to stay in ground floor.
Vague query, no opinion can be given, approach your lawyer.
6. The Father in law was arguing with the SI of the station that one ACP phoned to them to charge us, amount spent to get us charged and what is the use if he (Father in law) is also charged. can i do anything on this statement.
7. To apply to court to let my daughter live peacefully in the ground floor of the matrimonial house and remove the CCTV Camera put by in laws in front of the gate of my daughter's house in ground floor.
It will support her case.
8. Write to the father in law's PSU factory on the charges on him and also the jewellery kept by the in laws in the locker which is beyond their income and also extra marital affair the FIL is having with a coleague in the factory.
Inform his vigilence department.
Engage a local lawyer. I am practising advocate in Delhi
ashok k rao
(Querist) 05 May 2014
Sir Dr Vashista,
Point No.6-On the day of giving FIR to both the in laws and us, the father in law was arguing with the sub inspector that he has also been given FIR inspite of one ACP in Bangalore telephoning the police station and also spending so much of money. What is the use if i (father in law and step mother) is also charged. my entire family heard this argument while we were sitting outside the si cabin. that means all these were pre planned sir. how to prove this?
ashok k rao
(Querist) 05 May 2014
Sir Dr Vashista,
MLC records are robust and retained and thanks for your advice and shall proceed as per your advice. I appreciate the gesture of seniors like you to attend to queries which help us to proceed in right direction instead of running around just to finalise the action. I am elated and remain grateful to LAWYERSCLUBINDIA.
ashok k rao
(Querist) 05 May 2014
Sir/s, (Dr Vashishta and others),
One last question Sir (probably),
Will police harass us if i proceed like this to the higher ups and through court. ? I am preserving all documents and copies of complaints with me safely?
Dr J C Vashista
(Expert) 06 May 2014
Dear Rao,
Once you are in the Court, the police will retreat and shall refrain from such activities to harass you.
Proceed and enjoy the defence put up by opposite.
Best of luck
ashok k rao
(Querist) 06 May 2014
Thanks for this great advice which has boosted my morale. I have promised my daughter that in future any in laws like this should think twice before attacking the daughter in the world. I want to teach the in laws such a lesson which should be a lesson to the criminal minded parents of boys and no girl should have any problems from the in laws. I also want to involve myself with any social organisations to prevent such attacks. Thanks sir again and obliged.
ashok k rao
(Querist) 07 May 2014
Sir,
my efforts paid off. My complaint to com of police and forwarded to the local ps has been accepted and filed fir against both the in laws 498A and DP. But, i had given 7 names of the step mother's relatives and the FIL which the ps have not taken for fir. however i am proceeding through pcr to charge them too. now the in laws have realised their mistake of harassing an innocent daughter in law from the conversation they are having with the grand parents of the boy. thanks experts team.
V R SHROFF
(Expert) 07 May 2014
U already saw a seed of a TREE called [498A] in hurry
You will reap the fruits in future!!
Sweet or Sour, Time will tell, after many years..
And few trees only grow thorns , no fruits
Like "Gando Bawal"
Woods are used to burn corpse .. no other use..
Kar bhala, hoga bhala,
Otherwise, Let me know the taste of that fruit... of bleeding & infection to all concerned, all near & dear, by thorn.
It never spare... anyone... Like death !!
ashok k rao
(Querist) 07 May 2014
Sir,
I could not decipher the meaning. All said and done, the in laws have initiated the war and if not faced, we will perish quickly as per nature's law and that is what the in laws thought. Now, since the boy is with the girl (for a change), it is only the in laws (FIL and step mother) who wanted to trouble the newly weds. And the children are safe with the parents of the girl in a newly gifted house with all comforts. the other side, it is only deserted house (property for in laws).Then Sir, kismat plays all dictatorship. Being an expert, you know how the fruits taste Sir. If you share your phone number, i will put you in tears how the step mother has played the dirty tricks against the newly weds. respectful regards,
T. Kalaiselvan, Advocate
(Expert) 06 May 2014
