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Implication under 489A falsely

(3 posts)
  • Started 7 years ago by farhan
  • Latest reply from Adv.Kachave

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  1. farhan
    Member

    My husband's brother and his wifeare having problems in their marriage since 1 years and my husband is trying to mediate between them to make it work . Thet do not live with us but live with her parents. Now she is is threatning to implicate her husband, my husband along with their mother under 489A. She has even registered a complaint against my brother in law under DV. What steps can we take to protect ourself from this false implication.

    Posted 7 years ago #
  2. sanjaymehra
    Member

    Dear Farhan,
    Start collecting evidence of any sort to prove the following:
    1. Marriage was simple and no exchange or demand of dowry was made or entertained.
    2. The couple were having problems from a long time and efforts were made to reconcile their differences. Start noting all the dates of trying to mediate between them and the result of the efforts including details of conversations, video or audio recordings if possible.
    3. Emphasize that they were living with her parents and so therefore no case for dowry demands were possible.
    4. Get sensible legal advise and most important don't panic. No real case is made out at this stage and harassment is a long way off. Please remember that to harass somebody, we always have to first harass ourselves.
    5. If the marriage is truly over, then ask your brother-in-law to file for divorce now. Any steps she takes after that to initiate Sec.498A case will then be viewed as harassment.
    warm regards
    sanjay mehra
    9811079727

    Posted 7 years ago #
  3. Adv.Kachave
    Moderator

    If she has filed complaint , it shows that she is not willing to continue her matrimonial relations & if there is apprehension in the mind that police will arrest it is better to move for anticipatory bail.
    9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #

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