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Rani   28 August 2016

False dowry case

Hi, My brother got married in 2012 in Tamil Nadu. I got married on 2011 and went to bangalore . And Im into job and I was pregnant when my brother got married. My mom stays with my brother in Tamil Nadu. My brother and his wife was staying together hardly 1.5 year and she left my brother and went to her mom's home. She was also pregnant in that time,but the it got aborted due to her health issues. I hardly visit my mom's house as I was in job in bangalore and I was also pregnant. I was stayed there for 20 days after giving birth and then moved back to bangalore. Now I moved abroad since 2014 with my husband and kid. My brother's wife has filed FALSE DOWRY CASE against me and my mother in Aug 2016. And she sent a court notice to my Bangalore address, but the tenant didn't receive it as I was not there.My mother also got a notice to her address asking her to present in the court on 18th September 2016. Because of this it will my spoil personal life from my husband's family side. Though my husband is very understanding, I feel ashamed as it will cause status and self respect problems. Even we have applied permanent resident visa to Australia recently. Again,this will be a problem to get a PR,and entire ambition to get a permanent resident visa will come to end and my kid life will not have further scope. Kindly help me in providing solutions to this problem as I completely lost and upset about it.


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 6 Replies

Agastya   28 August 2016

If it is truly a false case, then you have no choice. Arrange finance and a good lawyer and prove your innocence. Get all certified copies of the evidence she has given as part of her complaint. With your lawyer fight every single point. Also file counter case. File a defamation case against her for making slanderous statements damaging your social status. You must be absolutely sure nothing was done by your mother. Please don't feel offended. I am not familiar with any person. If there is any adverse action she did (on purpose or unknowingly due to cultural differences) then your sister in law may have some evidence or proof. Do have some proof with you or your brother that she left that house before you went there for delivery. Postal letters or phone calls etcetra proving that she wasn't around. If she was in the house at the same time you were there for delivery then get all the hospital records. This is to prove you were physically and mentally in no shape to harass anyone. Get all doctor appointments visit and prescripttion copies. This may Help. Your brother may be hiding facts. Confront him whether he has been honest with you. Find out if there is any black deed somewhere. You can call or meet the sister in law with some neutral person. Find out their side of matter. If it's an ego case then it can be handled diplomatically. If it is a pure money extraction case then you will become more determined to prove your innocence.

Vibha   28 August 2016

  1. What is the case? Is it a criminal case under 498a? Such case usually start with police mediation and investigation. Is it a domestic violence case? Such case usually starts with court summons.
  2. In both these cases, there is nothing to worry with respect to PR in Australia. Your brother and mother will have to cooperate with court/police and respond to allegations. No coercive steps are taken these days in such cases, especially against family members living far away.
  3. If it is a 498a case, police will most likely drop your names during investigation. If it is a DV case, your lawyer can file statement in court without your presence, in further processing your role will be minimal, at late stages of case (1-3 years later) you may have to attend once or twice to give statement in court... That too only if matter ends up in trial. Most cases are settled in about 2 years out of court.
  4. These cases are routine matter in most failed marriages. Primary heat of case is on the husband, if wife is not working he will have to pay maintenance and he will have to get anticipatory bail from court. All this costs some money and takes some time, no other consequences are seen on anyone's career or life.
  5. I have seen that most people worry far more than necessary. In every housing society of big cities, you will find a family or two on every floor who has seen this type of case from one side or other. After you tell them your story and hear story of 5 other families, your worry will drop by factor of 100. You will see faces smiling, laughing and talking about what a joke these cases are throughout the country. The judges in every courtroom yawn and look with sleepy eyes when they hear a woman complain of "dowry harassment".
  6. First step for your family: Find a good, senior lawyer with whom you can build solid trust and understanding to handle the matter for full family.

KS Johal   28 August 2016

Vibha has given you good advice try to follow it.

(Guest)
Vibha good statement.dont worry nothing happend .my wife filled against me .i faced all process and now i am in abroad and doing job .return i filled case against her family and Dcp and co police now they r roaming around court.nothing happend be happy and do your job nowa days 498 a case like pretty case

Devi   29 August 2016

Sr.... wat case have u filed against ur wife... i wud love to knw tat.. even im.facing tis domestic violence case... i got bail and all but still hav to go to sign every monday as though im a criminal... im feeling so desperate...

A walk alone (-)     30 August 2016

If it is a 498a case, police can drop your names during investigation( if police refused you can offer bribe).if case is in court you can appeal HC for quash your name.

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