To be daughter in law challenges to harass to be in-laws under sec 498 a dowry case
Querist :
Anonymous
(Querist) 17 January 2012
This query is : Resolved
Dear Sirs,
My elder brother is planning to tie a knot with X. My parents as well as self are against this alliance as X as unfair demands before marriage. X has challenged us that once she gets married she will put our entire family behind the bar by using sec 498a dowry harassment case. My questions are as follows
1. Brother is getting married to X on his own will, does his parents and sibling come under the preview of sec 498a in the given situation?
2. Brother will be staying with X in a separate rented house, as X won’t be staying with my parents and self can she still file case under sec 498a?
3. In case my parents give notice in two leading newspaper that they have disowned the son, can still X file 498a against the parents?
4. Can an X initiate 498a against her to be sister-in law (married)? If yes how can she protect herself and her immediate family?
5. In case the younger sister also issue a notice of disowning the brother in the newspaper does it help?
My parents and self are being threatened by X as she is demanding that my parents house (both are senior citizen and suffering from various health problems) and gold jewellery to be given to her. Or else she is going to teach us a lesson.
Request experts to provide help and proper guidance in the said matter, as X cousin is a lawyer and she has been masterminding the entire plot.
ajay sethi
(Expert) 17 January 2012
if your brother is staying separately after marriage and you are not having any contacts with him how would you be liable under 498 A . ?
if you wan to be on safe side do disown him
Sudhir Kumar, Advocate
(Expert) 17 January 2012
I do not think that you should anymore call him brother. You questions are answered as per best of my wisdom :-
1. Brother is getting married to X on his own will, does his parents and sibling come under the preview of sec 498a in the given situation?
Ans : yes. She is being upon to make false allegation she can exclude her husband who appears to be already spell possessed. Your so called brother will be a witness.
2. Brother will be staying with X in a separate rented house, as X won't be staying with my parents and self can she still file case under sec 498a?
Ans : yes. Your so called brother will be a witness.
3. In case my parents give notice in two leading newspaper that they have disowned the son, can still X file 498a against the parents?
Ans : This may even strengthen her case. But I do not know if you have a choice. Your so called brother will be a witness. He will say that this action is retaliation of failure of dowry demand.
4. Can an X initiate 498a against her to be sister-in law (married)? If yes how can she protect herself and her immediate family?
Ans : Yes even against her husband also.
5. In case the younger sister also issue a notice of disowning the brother in the newspaper does it help?
Ans : This may even strengthen her case. But I do not know if you have a choice
My parents and self are being threatened by X as she is demanding that my parents house (both are senior citizen and suffering from various health problems) and gold jeweler to be given to her. Or else she is going to teach us a lesson.
Now there is a need to seen the definition of Dowry under section 2 of the Dowry Act 1961 which reads that :-
2. Definition of `dowry’.-In this act, `dowry’ means any property or valuable security given or agreed to be given either directly or indirectly-
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;
at or before or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
Penal consequences to dowry demand as per section 4 read that :-
4. Penalty for demanding dowry.- If any person demands directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which may extend to ten thousand rupees:
Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.
So even bride has no right to demand dowry in connection with her marriage. It is better you consult an intelligent lawyer (not a routine one) and consider feasibility of filing criminal case against her.
I WILL FURTHER ADVISE YOU NOT TO PLUNGE AHEAD SOLEY ON MY ADVISE (IT MAY NOT BE THE GOSPEL) KINDLY WAIT FOR CONSIDERED COMMENTS OF OTHER EXPERTS ON THIS ADVISE AND BE BEST BENEFITTED. MANY HIGLY INTELLECTUAL LAWYERS SUBSCRIBE TO THIS FORUM
Shonee Kapoor
(Expert) 17 January 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 17 January 2012
It is surprising that such person to whom you designate as your brother is marrying with a girl who before marriage is talking and threatening to file false case under section 498A and dispossess her age old would be parents in law.
You all are well advised to publish disowning in newspaper well before marriage and none of you should attend his marriage and push out such brother immediately from his parental house pushing with punches and kicks.
No further question arise if you make the advised solution.
V R SHROFF
(Expert) 17 January 2012
Ans:
1.yes
2. yes
3.yes
4.yes, no remedy
5. useless
I hope u recd all reply.
I read ur query very carefully, and replied.
Querist :
Anonymous
(Querist) 18 January 2012
Dear All,
Thank you for ur advice.
We will be publishing the disowning notice. But what should be the content of the notice.
Also according to Mr. Shroff & Mr.Sudhir publishing of notice is of no help, whereas as per Mr. Makkad it is useful.
Also Mr. Sethi as stated that since my brother will be staying separately after marriage question of 4981 does not arise?
Kindly help me in clearly the cobwebs.
Sincere thanks to all of u.
ajay sethi
(Expert) 18 January 2012
you wated format of notice . it should be on following lines .
Mr Anonymous disowns his son from all moveable /immoveable properties. MR _____shall have no rights on the moveable /immoveable properties of Mr Anonymous .
Mr makkad advised you to issue public notice as matter of abundant caution .i had opined that since your brother would be staying separately from day one and would not be having any contacts with your family it would be difficult for your sister in law to make out a case for 498A against your family .
Querist :
Anonymous
(Querist) 18 January 2012
Dear Mr. Sethi,
Thanks for providing the format of the notice.
Notice to be given through lawyer or we can directly approach any newspaper agency.
Times of India - Mumbai and any other english newspaper is ok?
thanking you
prabhakar singh
(Expert) 18 January 2012
Times of India - Mumbai and any other english newspaper is ok?
YES!OKAY.
Sudhir Kumar, Advocate
(Expert) 19 January 2012
Publishing notice of disownment will prompt your ex-brother to come out against your entire family with all energy and all meanness. (but you have nothing to loose as it appears that you have already lost his love)
This notice will prompt that lady to say that since her parents gave no dowry and in retaliation her husband is driven out. Your ex-brother will also depose in her favour.
But I reiterate you have no choice.
On the same time she will file 498a if you keep on waiting. I have given you definition of dowry. Bride cannot compel bride grooms parents (ex-parent) to give jewelry in marriage. I believe she is criminally liable and you should consider giving complaint against her under Dowry Act.
V R SHROFF
(Expert) 19 January 2012
Instigation to cruelty by phone, on brother residing 500 km, also lodged, and facing trial. define" blood relations" and they are included in 498. Luckily they spared next door neighbor, who must be instigating the most, but safe!!
Querist :
Anonymous
(Querist) 20 January 2012
Dear All,
My query whether notice to be filed via lawyer remains unanswered.
Another question is s 498 will be applicable only if she gets married to my brother? Am i right
Since my husband is an NRI and i will also be visiting him for a couple of months my interest is to safeguard my parents in my absence. There is nobody to help them if an untoward situation occurs.
thanks all of u for the support.
