Fight against 498a & 406 & dv act
Rosy
(Querist) 27 August 2013
This query is : Resolved
My brother was married 6th October 2011 & working in a private factory as labour. brother wife just 5 days was stay with us she is in police at panipat. my mother is handicap with legs bco'z her weight approx. 100 kg. my one sister is unmarried. my father is running a kariyana store. she wants to settled with brother at panipat. due to these problems my brother refuse her proposal. after that she started mentally torture my brother & my family. many times her higher officer mentally torture us through phone calls. then we complaint ssp Yamuna nagar. now phone calls are stoped. on dated 12th jan 2012 my father DISINHERIT my brother due to these problems. my bother file a case sec. 9 in district court jagadhri on dated 29th jan 2012. brother wife file a case in may 2012 towards protection officer at jind against brother & family members. protection officer give decision in favour of us after investigation. in dec. 2012 she again file case towards women cell against us & in march 2013 file case in sadar thana narwana. both cells gave decision in favour of us. now she fila a case of divorce at jind & Registered F.I.R ( Dhara 498a/ 406/ 323/ 452/ 506/ 148/ 149) at sadar thana, narwana under private complaint under 156(3). after investigation DSP release my family. but my brother suffer in jind jail 3 days. he is out of jail after 3 days on jamanat. police recover all the gift iteams from my house given by brother in laws. but brother wife not returned our jewellery items. she wants 1.00 lacs rs. for mutual divorce & compromise. but we refuse that. we wants justice through court. now the date of 498a case is 10/10/2013 & divorce case date is 4/9/2013. plz suggest us my family too much harressed by brother wife. so all family members decided to fight against her. we wants justice. we wants back our jewellery& fight against her graddy & criminal behaviour & false cases in high court Chandigarh. we have all evidence & documents. plz guide us. I want take step against misuse of dowry act & DV act.
Raj Kumar Makkad
(Expert) 27 August 2013
The facts told by you definitely do constitute a cruelty on the part of your sister in law over your entire family but it is wise to get rid of such lady as soon as possible. Justice is a good word to hear but it is rarely found. Huge harassment in litigation shall have to be borne by your entire family for many years and there is no guarantee of any justice even thereafter.
The cost of Rs. 1 lakh for the 'purchase of peace' is not enough. It shall be wise to amicably settle the issue with the intervention of either any police officer or any respectable person to part with each other and file MCD.
Legally speaking, the ornaments gifted by your family at the time of marriage to your sister in law are now her own property called Istridhan and legally you cant demand those back even at the time of divorce.
Rajendra K Goyal
(Expert) 28 August 2013
Arrange one lac and accept Mutual Consent divorce, forget jewellery. If mental peace exist every thing, even more of it, can be earned.
Legal process is very lengthy and troublesome and may cost you more than today. From the facts it would be difficult to prove about jewellery gift and its receiving back by you would be much more difficult.
Guest
(Expert) 28 August 2013
Peace of mind matters the most. Justice through court is always very costly for a middle class family. That may cost you even more than one lakh, besidesm disturbance of peace, ruining of career, blot for life, difficulty in your sister's marriage, etc. So, better fulfill her demand of Rs. one lakh, but with written agreement that she would withdraw the case under 498a/ 406/ 323/ 452/ 506/ 148/ 149, etc. If you or your family continue with insisting on court justice, she being in police can also be expected to get manipulations in police invetigations in the case.
Money can be earned when peace of mind is there. If you get justice after 5-10 years even in your favour, what the end result you will find for you would be just a ruined family from all respects.
Sudhir Kumar, Advocate
(Expert) 28 August 2013
Agreeing with leadned experts aboe I would say that getting bail for entire Yamuna nagar based family from Narvana or Panipat (generally possible from High Court in Haryana) is going to cost more than Rs 1 lakh per head.
you said "all family members decided to fight against her. we wants justice"
you also said "we wants back our jewellery". Be sure you are not getting this jwellery does not matter how much you fight.
She being policewoman also knows that she cannot be compelled to return jewellery gifted by your relatives.
It is her legal right being ISTRIDHAN. You have to forget the same.
You cannot fight unless interested ruining the entire family.
buying peace for peanuts is nothing. She being policewoman also knows her case is futile and cannot fetch much.
