Legal Question in Family Law in India
Hello,
My sister-in-law has filed domestic violence case aginst her husband (my brother) , me & my parents. My brother has left the house long back and he is not aware about case. Court is not ready to accept it and passed interim order to return stridhan to all 4 of us. in absence of my brother whatever was available with us we have returned her. but she is harrassing us & thretening us to put me and my parents in jail as all the belongings as per her list is not returned.Actually her list is false.She has also given application in the court to arrest me & my parents.
She has filed case in gujarat. we are living in mumbai.
For stridhan she has not submitted any proofs such as bills / wedding photos. but still order is passed to return stridhan.
while leaving matrimonial house she has given written statement in presence of police that no violence has been done also no dowry is demanded. due to issue with husband she is going with parents. 2 years after leaving matrimonial house she has filed the Domestic violence case.
I have following questions
1. Now can i and my parents file a case of harrassment & extortion (demanding money) against her in mumbai. ?
2. CAn court pass order to put me & my parents in jail as intrim order is not fulfilled in absence of my brother ?
please help as she is taking undue advantage of law.
Thanks
2 Answers from Attorneys
Since there is an order of the Court to return her Stridhan, a case of extortion may not be possible.
There is no provision for arrest and jail if stridhan is not returned in DV cases.
Till the existing case will be solved, you cannot file any case of harassment.
further If court had ordered you to return dowry articles then you have to proof your innocence, else court may put you behind bars.
Regards