Krishna Kant (Chief Engineer ( Retired )) 01 September 2015

Filing dowery complaint

Dear Sir,

My son working in abroad was married to a girl from Delhi in Dec 2014.After few days of marriage she started fighting with my son & with us on one ground or other.She hardly lived with us for 2 days only at our residence in NCR. My son also went to his job place. Recently she went to his place of stay abroad & stayed with him once for one month & 2nd time for 2 months.Not even a day had passed when she didn't pick fight with my son. She exhausts his one month salary in 10 days.Now she has started threatening to lodge complaint of dowery etc & sent all of us to jail.Even her mother is also speaking in same tone.Now she has again gone to my son few days ago & started fighting..Pl let me know

1.Can we file a caveat to avoid the arrest in dowery case.Me & my wife are also out of country at present.Is our presence requird for filing of caveat or can it be filed by my brother on our behalf?

2 We will be back to India in 1st weak of Nov15.Should i wait till then to file the caveat there as the girl has not filed any complaint to our knowledge so far.It is quit possible the girl's mother might be waitng for us to return to India first.

3 If the girl files the complaint on my return then what action i should take to avoid the arresr.Can law gaurantees us against arrest.

4 Can the police will arrest us immediately the complaint is lodged or there are certain proceedure to be followed before arresting us?

Thanks

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6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 02 September 2015

Sir,

These false allegations have become the flavour of the season, the problem comes when things come to prove in the court of law (So better is to make a audio and video recordings for future saftey purposes) .

Better is to file an information to the police station that we apprehend that she can falsely impllicate in the false dowry case, that will help you for future safety purposes.

After the Supreme Court ruling arrest of family members have not been as easy as it was earlier, but yes you always be on a safer side and take all the precautinary measures you can take.

Warm Regards

Kapil Chandna Advocate

9899011450

advocate.kapilc@gmail.com

SAINATH DEVALLA (LEGAL CONSULTANT) 02 September 2015

It is unfortunate to say as a lawyer that most of the laws enacted or amemded have become women oriented.But 90% of women are misusing these laws to their advantage to take revenge on the husband and his family involving all the members.Most of the time they are misled by near and dear and also by lawyers also.But no govt in the near future dares to peep into the pros and cons of these laws and bring about a change.

Other things adviced Adv Kapil are right.

vivek malhotra (Advocate) 02 September 2015

Its not sure that the girl has not filed any complaint in Women Cell or in Court. May be she had filed but the service of summons could not be effected upon you since you were staying abroad and she might be waiting for your visit to India. Its better you all must take precautions as the law in India is in favour of Girls.

For any assistance you may contact.

Vivek Malhotra, Advocate

Delhi (M) 9716670701

SuperHero (Manager) 02 September 2015

@Krishna Kant - What does she actually want? She want to continue this marriage or not?

No Marriage is PERFECT. You are aware of it.

Does she throws things when she is at anger or She is depressed or has any suicidal tendencies?

If She has any above consult a Pyschartist or a Marriage Counsellor. Please make sure all are recorded.

If you are abroad and also notify Problems to the nearest police station. So that they are aware of it.

Why does any Woman want to spoil her Marital life??

Biswanath Roy (Advocate) 03 September 2015

You have two options for your protection from possible harassment and arrests. Either you may file an application in the Magistrates' Court u/s. 156 (3) Cr. P.C. or Sec.503 IPC read with Sec.120 B against your daughter in law and her parents.

T. Kalaiselvan, Advocate (Advocate) 09 September 2015

You can obtain anticipatory bail after coming back to India and are becoming aware of the said criminal case against you.

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