Daughter-in-law threatening to file false dowery harassement

https://indiankanoon.org/doc/1272794/

Refer the above case law cited in the above weblink.  Mother in law can file a case under Domestic Violence Act against Daughter in law.  If you are interested you can use it. 

I am grateful to both of you.

I think DIL = daughter in law

Can you please tell me what is NCR,CP ?

How to get NCR what all documents are needed for NCR? and How to file injunction.How much money will be needed?

I asked them to move out of my house two times. But both the time my daughter-in-law says if she moves out she will file for divorce and will tell police i asked for dowery.More over the property in registered in my name and both the childen name.The elder child is ready to surrender his share in my name.Before allowing them to stay in the house the rent from this house and my husbands pension were my only source of income.Once when i was ill she called on mobile and asked me to register the house in her name.

@Dear Chandrasekhar> Can you please tell me how this link will help me.I cannot understand the document posted.It is different type of english.

What should i do if she file false dowery complaint against me?

Originally posted by : usha nair
	I am 61 years old widow. I have two son's.My younger son got married in court through register marriage.I knew about my younger son's affair with the girl i had asked them to wait till the elder child gets married. But instead of waiting the went against my wish and got married. After I came to know about their marriage i happly took the couple in my house. It is an inter-cast,inter-state marriage.This is not the first inter-cast-state marriage in our family.Moverover i am pretty open minded,peace loving woman and hence had no problem in accpeting their marriage. After marriage I showered the girl with all love and gifts to the best of my abilities and even gave her access to my bank accounts and savings.   Bad move.  Gifts ok, but access to your bank account was not necessary at all.   However the girl could never adjust hersellf to our house.She would often creat unnecessery fights in the house. I felt it will be bacause of the joint family enviroment.So i invested my saving in another flat which i own and furnished it. That was a good move!   Me along with my elder and younger son and daughter-in-law shifted to this new flat.After which i was bed ridden for 3 months due to an operation.Since the day I got bed ridden my daughter-in-law left the house without any notice.She came back only when i was completely cured. DIL that too of the new age do not want to do seva of MIL when she is ill or bed ridden, a common trend nowadays.   In between during one of my bed ridden days she called on mobile once and asked me to transfer the house in her name.I remained quite and simplely disconnected the phone.After coming back she would constantly quaral/fight/argue in the house.Since i am the eldest person in the house even if i would as her lovingly anything she would start screaming "police,police". In family relationships be it husband, SIL, BIL, MIL, FIL only love and affection should be there and not police, your DIL has criminal intentions or has been taught by her mother to behave like this, so that you all will get scared and will dance according to her [her mother's] tune.   I started getting a bad feeling hence me along with my elder son shifted to our old residence leaving my younger son and daughter-in-law so that they could lead a happy married life. After coming to my old residence my younger son keeps in touch through phone calls and once in a while visits.Howeven my daughter-in-law never calls or visits me. Why do you expect your DIL to call you or visit you, dont you know you are the MIL! ;-)   Soon i started getting phone calls from the housing society members of my younger son's residence about constant and continues fights between them.I am not at all aware of the reason between their fight as i dont enjoy visiting their place.However once i got a call from police station and had to visit the police station(this is the first time i had entered a police station in my life) to sought out fight between my younger son and his wife. Was it a NCR?  I think it was an NCR [non-cognizable report which means no arrest has taken place]   Now my daughter-in-law keeps threatening everyday.She says she will file a case of dowery harassement against me. Let her.  You have to understand one thing.  Marriage these days does not come with a life-time gaurantee.  IF she files a 498a case [dowry harrasment case], you can get anticipatory bail for yourself, to avoid arrest. That is the best you can do right now.  You can call me for further legal advice, check PM [private message] for number. I had never never ever asked for dowery or had said or done anything wrong to her. Since the time i have shifted to my old residence I have never even spoken to my daughter-in-law.I am a hight BP/colostrol patient and i am always extremly tensed.I do not wish to go to jail at this age.I stay alone most of the time and this threat is takeing a toll on my physical and mental health. I request someone to help me out. Please kindly help me.

Do not get tensed, come what may, getting son married was a risky affair, and it has started showing its true colors now.  Now no point in getting tensed.

Face it with strong will power.

You have to take up the following steps to live peacefully in future:

1.  Write down a complaint giving clear details that how you are being constantly and incessantly threatened by your daughter-in-law to implicate you in false dowry case and put you in hardship of spending jail life and trips to courts; give the complaint in your area police station and get a copy duly acknowledge by the police.  Pl. do not expect that police will do further than acknowledging the receipt.

2.  Engage a good advocate and file domestic violence case seeking the relief of (1)  restraining your DIL to visit your place of abode and contact you by her self or through her intermediary in person or through telephone or approach you in any place where you ordinarily visit, e.g., temple, hospital etc.  once such restraint order is passed in your favour, you will be safe, even though she files a fake dowry case.  But you must make ensure that you will not to contact her by any modes.  The complaint referred to in para 1 above will help you to get favourable orders in domestic violence case and also to defend yourself if she files fake dowry case.  Also tell to your younger son that if he fails to keep his wife's claws off from you, you will be bequeathing your entire property to your eldest son berefting him, his wife and his off-spring any benefits of your estate and assets. 

I have given the above advice after going through your first post.  But, persuing your second post, I have understood that you have also problem of getting them vacated from the flat on which you have got clear title and you are absolute owner.  To get the possession of that property, you have to file a civil suit for possession and prior to that you have to issue a legal notice through a competent advocate clearly mentioning that a request from your side to vacate the flat is being spurned with the threats of filing false dowry demand cases against you by your daughter in law.  After filing such suit, it will take two to two and half years for you to get them legally vacated from that flat.  Being a senior citizen, courts will try to dispose off your case in a faster mode.  But, my suggestion is that before filing the civil suit you get the relief available under domestic violence Act, by filing domestic violence case.  I think you can afford the costs of litigation.  If not, free legal aid is available to women, but their services are not upto mark. 

Dear Madam,

Most people are under impression that Mother in law cannot file a case under DV Act.  To help you understand I have given you that citation.  It does not matter if you do not understand.  Just be aware of your rights under DV Act as Mother in law....that is....YOU CAN FILE A CASE AGAINST YOUR DAUGHTER IN LAW UNDER DV ACT.

Secondly, Adv Chandu had given the right advice, if you can understand what he had written follow his advice.

regards,

"Before allowing them to stay in the house the rent from this house and my husbands pension were my only source of income."

Going by this, I think you should file for injunction petition to evict her from your premises so that you become eligible to enjoy the income arising out of that house which is one of the sources of livelihood for you in old age.  The advantage of injunction petition is, first an order will be issued to evict her and later the issue will be decided on merits.  Till the issue is decided you will be enjoying that property without obstruction.  As you are old person I think the court will deem balance of convenience is in your favor.