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Determined to get justice (Manager)     16 July 2012

False complaint

My brother and sister in law are married for two years and have 1 year old daughter. My sister in law and brother were staying with myself and my parents for about a year after their marriage. My sister in law, who is Class I govt officer, walked out of our house on her own accord a year ago to stay in her own govt accomodation. One main reason was because she was caught lying red handed about her whereabouts one night - she was not in the place she claimed to be stayig for the night. She was 6 months pregnant at that time.  Two months ago, in connivance with her parents, she threw my brother out of her flat. last month, She has filed a false complaint in CAW for dowry. DV etc.

We have learnt that in that complaint she has falsely alleged that my mother got a secret gender test done in her six month of pregnancy and after finding out it was a girl child, my mother, my elder married sister and myself (unmarried second sister) thrashed and kicked her and tried to force her to terminnate her pregnancy. She alleges that she managed to save herself in her room and ran from the house the next day to save her and her child's life.

TThis is worst of all lies she has wriiten and is absolutely and blatantly false. We are a progressive family which has never differentiated between boy and girl. both my sister and myself are as well educated as my brother and have had equal opportunities in life. We love my brother's daughter dearly and have always showered our love and affection on her.

I understand that for such complaints, the girl's word is sufficent and we are presumed guilty, till we can prove our innocence. She is misusing this law to cover up her own fault and to harrass all of us and extort money from us.

Kindly advise:

1) What is the legal implications for my mother, my sister and myself?

2) What can we do to protect ourselves?

3) what sort of evidence can we produce to prove our innocence?

4)Does she not have to provide any evidence in support of her  claim??

 

 



Learning

 6 Replies

ravindra (Analyst)     16 July 2012

1) What is the legal implications for my mother, my sister and myself?

Nothing will happen dont worry... just relaxed and tell ur brother and sister to concentrate on Job or studies

2) What can we do to protect ourselves?

Dont do anything just hire a good lawyer. Nothing will happen after 1 or 2 years your Sister in law will frastrate belive me.

3) what sort of evidence can we produce to prove our innocence?

Just deny each and every aligation whatever she has said in FIR or she has submitted Affidavite if u deny each and every aligation then u will get benifit of doubt (but it will take some time) u can do one more thing u can do voice or call recording of ur sister in law.

4)Does she not have to provide any evidence in support of her  claim??

Yes your sister in law has to prove harrasment

 

Thanks

Ravindra Sonavane

Determined to get justice (Manager)     16 July 2012

Thank you Ravindra. Just to clarify: your response for qt 4 holds true even for her false allegation of gender  test and attempt to terminate pregnancy? [these are all BIG LIES]

PA S RAJ (Wg.Cdr. Retired from defence)     17 July 2012

A false case under 498a ,406,506 and 4 of TNHW. My son is in USA. He is green card holder . After marriage on 20 May2009 stayed withus for may be for 4 days . because her elder brother marriage was on 1 Jun2009. She left India with my son to USA on early morning of 6th Jun2009 . Stayed with him till Sep2011and left to her father's working place in UK. Now she has filed false 498a in India on 19 Jun 2012. We are on bail and my son is in USA whose AB is yet to be applied.  In the process of delay in obtaining his AB, the police may declare lokk out notice .In that condition he may not be in aposition to land in India. If so, will Indian embassy can  take action to cancel / hold his passport or incase his passport is due for newal will they deny . What are the legal formalities ? How to solve his problem to safe guard his valid passport from canceled by embassy at USA? Kindly advice me what cource of action to taken by my son at USA / or in India by me . Any suggestion to come out of this through proper legal way as per our law of land.

Thanks

RAJ

 

Determined to get justice (Manager)     17 July 2012

Dear Mr. Raj - my sympathies are with you and your family. My family has also been suffering for last two years because of the cruel, greedy and malicious behaviour of my sister-in-law. I would suggest that you should post your query as a separate/new post, else it may go unaddressed as people will think it is a response to our query.

Best wishes.

1 Like

Never Give Up (Fighter)     17 July 2012

Allegations are from templates which are effective at that point of time. If you refer to any other Domestic violence complaint or dowry complaint you would see that 90% content is same. So dont worry and dont think that your sister in law has put her great mind in creating these allegations.
 
Just relax and face the cases boldly. System is very slow and within 2-3 dates you would get accustomed to all this.

ravindra (Analyst)     17 July 2012

Just deny every aligation if she is saying gender  test and attempt to terminate pregnancy then she has to prove such things


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