LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Can 498a, dv and 406 be filed against dil?

Page no : 2

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 December 2011

406 can be filed by MIL on DIL

 

Also DV can be filed by MIL on DIL, but for that she would have to make son as a party.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Manav Kalia (Arguing my own cases..)     02 December 2011

Can 498a be filed on dil by mil @ shonee? Thanks..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 December 2011

NO>.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Manav Kalia (Arguing my own cases..)     02 December 2011

Thanks @ shonee. 498a states husband or relatives of husband. Dil is a relative of the husband of mil? Pls clarify @ shonee .. Thanks..

Manav Kalia (Arguing my own cases..)     05 December 2011

@ shonee and tajobs. Pls clarify my previous query in this post. Thanks..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 December 2011

Hmmmmmm,

 

Are you not taking things far.

 

Means DIL is harassing MIL for bringing dowry from her father, brother, nephews.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Nandha (NIL)     05 December 2011

@ Shonee

DIL harassed MIL  is true in my case.

My maternal grandfather had inherited property. He had two children (my mother and my maternal uncle). When my grandfather died the property was undivided between my mother and my uncle. My mother did not ask my uncle any share from the property and was in the process of giving NOC.

Having known the situation, first, my in-laws put pressure on me and my mother to get a share of my grandfather's property to which my mom refused.  One day on some argument, my wife in front of maternal uncle, commanded/ ordered my mother to get the share from the property. Since my mother refused to claim her share from our ancestral property, my in-laws and my wife are ill-treating my mother.

What would Ld. lawyers say about this? Isn't it a mental torture to mother? Is there any section under which my mother can file a case in the court?

Regards

Nandha

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

And what were the other members doing? Harassing your mom or taking on that DIL.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Manav Kalia (Arguing my own cases..)     06 December 2011

Hi shonee, can you clarify on why 498a can't be filed by mil against dil? 498a states that any l woman can file it on husband or relatives of husband. When dil can file on mil as sole accused as mil is a relative of her husband, why can't mil file against dil as dil is relative of husband of mil? Pls clarify.. Thanks..

Nandha (NIL)     06 December 2011

@shonee

Yes, she harassed my mom at that point of time, though not now as my mother diid not yield to their pressure.  

My question is whether my mother can file a case against my wife for harassing her to get her share from my maternal grandfather's property?

Is there any provision in the law?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

But Baba, what is the definition of dowry? ANYTHING GIVEN IN CONSIDERATION OF MARRIAGE.

 

Does that explain something?

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Manav Kalia (Arguing my own cases..)     06 December 2011

Can 498a not be filed for cruelty that is not dowry related? I think the code mentions harassment or cruelty, not necessarily dowry specific, even though most cases include a dowry charge. Please clarify @ shonee. Thanks..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 December 2011

There are other provisions to deal with it.

 

Thinking out of the box is OK, but thinking out of the House itself............... its too much.

 

I am not posting any further in this thread, I in all my humbleness think it is useless discussion.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Manav Kalia (Arguing my own cases..)     08 December 2011

I can get what you are saying, shonee. I agree 90% it does seem useless. And it is thinking out of the house. And there are definitely other provisions to deal with it. But only 406 and 498a are non bailable, hence I was exploring them. The lawyers I talked to agree with you that 406 is feasible, and 498a seems far fetched. But as you know about my case that as a brain stroke patient I have cases against me, whereas in spite of voluminous search, even by forum members here, they are unable to come up with any such case anywhere. So since my own case is out of the house, I am kind of forced to consider out of the house. In any case it is only by throwing up such queries, also a concept that tajobs had pmed me, and some legal holes in the constitution that I have come across have helped me to tailor a fitting solution to my problem. Can't disclose it just yet. But if it works (and it is out of the house) I will certainly share it in LCI, and it would become a big precedent and help for 498a and DV victims everywhere. Just to clarify shonee, I never ask anything just for sake of asking, only when it applies to a real life situation I an facing.. Thanks for your help though, it clarified the 406 situation clearly, so very helpful.... :-)

H.RAM SINGH (student)     21 February 2012

what are the punishments will be given after finding fault 

my sister got married to a person after 3 months he was saying that he does"nt have interest on her we filed acase agaisnst him 498/a  i just want to know what punishment will be given to that person to learn a lesson

pls tell me sir


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading