Disclaimer: You should consult your lawyer before acting. This article is not legal advice. You are responsible for your action. This article is only for academic purpose.
Yesterday, a husband's mother, in neighbourhood, came for advice.
She said that, she and her son and family of 7 persons, including her 90 year old mother-in-law, had gone to village to bring their daughter-in-law.
The daughter in law, told all of them to get out and told that she will send all of them to jail.
They returned to Delhi. They were trembling with fear.
They had heard horror stories of how the whole family of husband can go to jail if wife complains about cruelty under 408a, Domestic Violence Act, Cr PC 125 etc.
They came to me to take advice.
I am not a trial court advocate. I also don't know how can anyone prevent a wife from filing a false complaint against her husband and her 90 year old great grand mother in law.
Even High Court and Supreme Court cannot quash such a complaint as it involves disputed questions of facts to be gone into by trial court.
Suggestion I gave to her:
I know this much.
In such cases, evidence has to be led in court.
I suggested them to collect evidence, preferably documentary or in form of tape recorded or video recorded conversation.
I advised them to write inland-post letters to their relatives about conduct of their daughter in law.
Such letters can be then produced as evidence in court.
Letters will contain postal stamps. The judge will apply mind to these letters.
I suggested them to write inland letters, and describe in letters to close relatives what happened to them when seven family members including to 90 year old great grand mother,when they went to house of daughter in law.
I suggested them to write, how daughter in law threatened them with false cases.
If wife files a false complaint, all these letters can be produced before police and also to the Judge.
This will help judge in deciding what is the truth.
Haresh Raichura
16/3/2013
Post note 2/5/2013: It seems that the neighbour who asked advise, wrote letters to his many relatives. It seems that the dispute has calmed down for the time being.
Yesterday, a husband's mother, in neighbourhood, came for advice.
She said that, she and her son and family of 7 persons, including her 90 year old mother-in-law, had gone to village to bring their daughter-in-law.
The daughter in law, told all of them to get out and told that she will send all of them to jail.
They returned to Delhi. They were trembling with fear.
They had heard horror stories of how the whole family of husband can go to jail if wife complains about cruelty under 408a, Domestic Violence Act, Cr PC 125 etc.
They came to me to take advice.
I am not a trial court advocate. I also don't know how can anyone prevent a wife from filing a false complaint against her husband and her 90 year old great grand mother in law.
Even High Court and Supreme Court cannot quash such a complaint as it involves disputed questions of facts to be gone into by trial court.
Suggestion I gave to her:
I know this much.
In such cases, evidence has to be led in court.
I suggested them to collect evidence, preferably documentary or in form of tape recorded or video recorded conversation.
I advised them to write inland-post letters to their relatives about conduct of their daughter in law.
Such letters can be then produced as evidence in court.
Letters will contain postal stamps. The judge will apply mind to these letters.
I suggested them to write inland letters, and describe in letters to close relatives what happened to them when seven family members including to 90 year old great grand mother,when they went to house of daughter in law.
I suggested them to write, how daughter in law threatened them with false cases.
If wife files a false complaint, all these letters can be produced before police and also to the Judge.
This will help judge in deciding what is the truth.
Haresh Raichura
16/3/2013
Post note 2/5/2013: It seems that the neighbour who asked advise, wrote letters to his many relatives. It seems that the dispute has calmed down for the time being.
