False & frivolous dowry case to extract money
V.N.K. MENON
(Querist) 10 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 our place, and resorted to DV/divorce business. 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 again. 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. First compromise took place on 7th March and the next date is 14th March. This is a well-planned cheating.
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 among the following is prudent and can sustain and can be initiated:
(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 where court had taken up cognizance/NBW against erring wife]
(OR)
(2) Criminal case in the trial court.
A considered opinion/ guidance from the experts shall be highly appreciated.
Thank you and with regards.
Advocate Kappil Cchandna
(Expert) 10 March 2016
Sir,
File for annulment of the marriage at the first stage and focus on the present cases being filed against you .... Defamation is suggested after you get the clean shit from the present cases .....
Warm Regards
Kapil Chandna Advocate
9899011450
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/-to-co0unter-false-and-frivolous-dowry-harrassment-588631.asp#.VuFB3fl97IV
R.K Nanda
(Expert) 11 March 2016
Repeated query.
