Legal Question in Family Law in India

got married in April 2007, at that time I was based at Chandigarh and my Brother and Mother was living in Uttaranchal.

We spend our family life happily for 10 months seperately.

In March 2008 I got opportunity in Delhi and same time my brother and my wife got job opportunity in Delhi as well. We have started living together. In this time my wife's Mother started forcing me to get separate, I could not understand why she is forcing me for this. I tried to convince her that my brothers salary is very less and My mother is suffering due to Low Blood Pressure and health related issues,as my father expired in years 2000 so I am responsible for them and because of my brothers touring job if some thing wrong will happen then who will take care of my mother.

But my mother-in-law was not interested to understand any more and started threatened me to leave my family and said if will not do that then my wife will start living separately. I tried to convince her by all ways and means but my Mother in Law was not interested to understand my problem.

Things started being worse day by day as my wife who was very caring earlier has started showing wrong behaviour with my brother, his wife and my mother.

On Sep. 2008 my in laws:- My father in law, My mother in law and My Sister in law came and packed all luggage, jewelries and each and every item without telling us why they are doing so and where they are going and left our house. After this I came to know that my wife is living in Delhi only as a PG and working as usual.

After this they have started torturing and blackmailing us for money and started threatening us by putting false blames related to domestic violence and dowry etc.

I tried to convince my wife and her mother lot many times but they want me to leave my family.

I have started seeing proactively online help sites and did following as safe guards:-

1) Record conversation of my inlwas with me and my mother where there is no discussion about Dowry and DV but only threatning and my MIL accepted that my mother is avery good saas and caring one.

2) I am having mails from my wife's official ID as a proof that she is working and in this mail no where mentioned we ever asked dowry or taken dowry.

3) I have forwarded mails to President of India, Media, News Channels,DCP UP and Delhi and conveyed the entire details in the month of July 2009.

4) I have sent registered post as well to my and her local police station with all the details.

5) I have sent request in women cell as well for my in-lwas wrong and abusing behaviour and they sent letter to her address requested to come for a counselling but she has not reached there and when one lady from women cell called at her cell number to inquire if they stuckup in traffic or something my in-lwas spoken in a very harsh manner.

6) They have claimed that they gave me TV, Fridge etc. which was purchased by me only before marriage and having bills and creditcards statement for the same on my name.

7) I am having pics of our visit to manali, shimla, kasauli, her birthday celebration, diwali poojan and other places where we have gone together.

8) After this my lawyer sugested me to file Sec. 9.

My in - laws claimed that they gave me 10.5 Lacs as dowry. But we have not taken even a single penny which was admired by her all family members, relatives and neighbours and same in my brother's marriage. We are very well reputed family and never thought that we can ever be traumatized by such false blames. My in-laws FIL and MIL monthly salary willbe around 24,000 Rs/month and in this salary how they can pay me huge amount of money.

My in - laws lawyer has forwarded notice in Aug 2009 which is his own not even on a letter pad, with signature and address and cell number at every page.

I have done pretty fair job to save every one in my family please suggest me if anything is left to save my family and me from these false and baseless blames.

I want to punish my in-laws to misguide my wife to take such an extreme step and want to set an example to such destructive persons who played shamelessly with innocent family's future and dreams.

What I have done till now :-

1) Reply to the Lawyers notice with the help of my lawyer ( I am having solid proofs against there false blames like they mentioned wrong marriage place, Items they said given by them purchased by me before marriage and having bills and Creditcard statement etc.

2) I am having my wifes mail and MIL's recording where she mentioned that we have never asked and taken dowry.

3) My wife has accepted in mails (Official ID)that she left home in presence of her relatives and taken her all luggage with her.

4) I approached women cell and second date is tomorrow as on first date no body was present from in-laws family.

5) 5 days back I sent sec9 Notice to them.

6) I have already approached media, ministers, Local Police my and her place and informed the same 3 months back and having the receiving of the same.

7) I received her lawyers notice (Not Court Notice) 1 month back only and replied the same within a week by my lawyer.

Please do let me know how to file counter case against them as they have accepted that they gave me dowry total 10.5 Lacs which is false and baseless and also not possible as there income is not as good(Both inlaws MIL and FIL are State Govt. Employees and total salary is 25,000 Rs./month).

Please help me out in exposing there false blames and want to give it back for there false, dirty and cheap blames.


Asked on 9/19/09, 10:37 am

3 Answers from Attorneys

U need a proper consultation, so come under paid questions or send me detail at

[email protected]

Advocate

Chandigarh

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Answered on 9/20/09, 3:21 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

there is no point initiating a criminal action against your inlaws unless they start so. in case they file a false complaint u./s 498a, you may also file a counter complaint case against them for impleading them accomplices in the f.i.r. in case you do it first, then you and your parents may also get involved at a later stage. so for the time being, be defensive and wait and watch. when they lodge an f.i.r., move for anticipatory bail and file the counter.

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Answered on 9/20/09, 2:03 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Since you have already engaged a lawyer for pursuing Section 9 remedy, you may seek his advice for further course of action.

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Answered on 9/21/09, 5:28 pm


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