Yashas (NW) 10 June 2012

False dowry harrasment case

Hello Sirs / Madams,

I require you expert opinion on the below case relating to dowry harassment. Below is the relationship map.

Pramod (myself) ------ Rajshri (my wife)

| (younger brother of my wife)

Raghu (my brother-in-law) ---- Ramya (my sister-in-law)

My brother-in-law (Raghu) got married with (Ramya) 2.5 years back. Now due to the internal conflicts between husband and wife, they are applying for divorce. But now Ramya has filed a dowry harassment case against Raghu (my brother-in-law), myself (Pramod) and my wife (Rajshri).

Now immediately Raghu was arrested and we have got bail for him.

My concern is, I was never involved in any dowry talks. Also we never demanded for dowry. During marriage time, we just told Ramya’s parents that they can give whatever they like to their daughter for marriage for which we do not have any written evidence but only few of the elders were involved in the talks.

Since past 2.5 years, we (myself and my wife) hardly visited my brother-in-law’s house. Now recently there was a fight between Raghu and Ramya. To solve the fight, I went to settle the fight where both of them said that they cannot continue the marriage relationship anymore and wanted divorce. They both were in police station when I went that day and in the complaint, there is no mention about dowry harassment but only internal conflict between husband and wife.

After this, the very next day Ramya went to her mother’s house and staying over there since then.

Now the people from Ramys’s side have filed dowry harassment case against Raghu, myself and my wife (Rajshri).

We have got Raghu outside on bail and we have applied for bail for myself and my wife.

Need suggestions:

1. What other steps can I take to protect myself and my wife.

2. How can we prove our innocence?

3. What complaint can I file against them for false dowry harassment case against myself and my wife.

Request you all to provide your expert opinion on this or any articles which will help me come out of this mess.

Thank you,

Pramod.

Reply Follow

7 Replies

MADURAI LAWYER (LEGAL CONSULTANT) 10 June 2012

Dear Sir,

1) You can file a petition before the concerned High court for quashing of F.I.R.

2) If charge- sheet has been filed then you can either file a petition before the concerned High court for quashing of charge-sheet or file a petition for discharge before the concerned J.M.Court.

3) If you can prove that her complaint against you is false one, then you can have the remedy for malicious prosecution, both in civil and criminal law.

Kindly feel free to speak to me on 9842197857 for any clarification.

https://www.jeevaganadvocate.com/contact.php

Alok Tholiya (self employed) 10 June 2012

In my 57 years I have not seen a single marriage where there was no dowery except love marriages. However 40 % of marriages though dowery was taken ( small or big ) but there were no demand or disrespect to bride or bride side. In 60 % in small taunts to big harrassment were meted out to bride or her family. So u saying allegations aginst u r false do not fit so easily but still if same is true then what r the evidence to support ur claim? Otherwise u will face tough time.

Alok Tholiya (self employed) 10 June 2012

Sudhir Kumar, Advocate (Advocate) 24 June 2012

You an dyour wife should also get bail.

(Guest)

Dear Alok,

It is not for him to prove his innocence. It is prosecution's job to prove him guilty. Conviction rate in 498a is only 2%. Because most of the 498a cases are false. 498a gang tries to rope all the remote relatives to put pressure but fail to prove their case.

Originally posted by :Alok Tholiya