Legal Question in Family Law in India
My elder brother was married to a girl(My Sis-in-law) from our hometown 2 years back. His wife is not staying with him since 1.5 years due to some personal issues. She is very adamant about few things, due to which she and my brother has some issues among themselves.
Now my sis-in-law's family blackmails us saying that things should be done and handled according to their daughter's wish (which is not always possible) else they will file dowry case against our entire family.
Now from some sources, we have come to know that in order to harass our family they are planning to file some false dowry case against us. Pleae find below the information about my family:
Father - Staying at Native Place - Uttar Pradesh
Mother - Staying at Native Place - Uttar Pradesh(Cancer Patient)
Sister - Married and staying in Bangalore
Elder Brother 1(Victim) - Working in Bangalore
Myself - Unmarried female and working in Hyderabad(Haven't visited my native place since last 1 yr)
Younger Brother - Unmarried and working in Chennai
My questions are:
a) Can we get anticipatory bail in this? If not, how can we escape such false dowry case?
b) My sister who is married and staying in Bangalore. Will she be also affected?
c) Will I be also affected(Inspite of the fact I stay in Hyderabad and do not visit my place very often)? If yes, how can I get anticipatory bail or stay of arrest?
d) My mother is a cancer patient and has undergone surgery and chemo sittings last year. Will she be also arrested if my sis-in-law complaints against her. Can't we escape my mother atleast because she is very weak.
d) What should we do that our family can fight such false charges?
e) What is the entire procedure? In how many days we will get bail...etc...etc??
3 Answers from Attorneys
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Attorney at Law
Fahri TOĞA
Frankly speeking, before replying to any of your queries there are certain questions which needs to be answered, which is possible only your brother who had married to this girl makes communications with me such types of matters are highly delicate and sensitive.
FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]
DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
You should not worry about the false dowry case. Recently, the Supreme Court has cautioned the police in the country to be very careful in making arrests in such cases. All of you, except the husband, may easily get ancitipatory bail if you people do have any role in causing any torture to her.
However, in your own interest, you all should try to make proper adjustments with the girl and try to reach an amicable settlement.
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