Legal Question in Family Law in India
Taunting for dowry / harrassing
My mom [47 yrs] is an innocent person who dont know much about world. Her father in law [84 yrs] lives in a village 200kms away from us. Married in 1976,My mom has given 250 sovereigns jewels as dowry to her in laws. Every year, whenever my mother happened to go to our village, that 84 yr old guy had demanded more dowry under the pretext that he will kick my mother out of the family. Every now and then, my mother had paid him and so far for the past 25 years, she had given 8.5 lakhs rupees, just because she was afraid that she might be kicked out of house. My father also couldnt do anything because an undivided ancestral property is still under my grandfathers control. My father is afraid that if he questions his father, he will loose the property.
Iam the only daughter for my mother and just got a job. Knowing that I have started earning, my grandfather [i.e. my moms father in law] is demanding more from my mother. In a marriage function, my uncle had threatened my mother that they would kill my mother if she doesnt give more money. Recently she gave Rs.20000.
My father is neutral, but my grandfather is causing mental torture for my mom frequently.
[The victim - my mom is 47 yrs] what to do?
can we file section 498a?
5 Answers from Attorneys
Re: Taunting for dowry / harrassing
complain against the torturing persons under 498 A, domestic voilence act.
file suit for partition in the property.
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Re: Taunting for dowry / harrassing
God help those who help themselves.Firstly ask your mother as to what she wants in her life?she has succumbed to the threat given by your grandfather,uncles etc. and even your father,who promised your mother to provide her protection,is the mute spectator of all ill happenings.Firstly get corrected the things existing in your family then advise your mother to be firm in not tolerating ill behaviours.Nevertheless, if your mother choose she can approach the local police and lodge complaint detailing all ill behaviours of your grand father & uncle etc.Ask your father to stand with your mother.As to ancestral property is concerned, your grand father and uncle can not take away the right of your father.
Re: Taunting for dowry / harrassing
You should approach the police and get a case registered against your father, grandfather and all relatives who torture your mother and demand dowry; you have remedies under Sections 406 / 498-A IPC as also under the Domestic Violence Act. Your mom may also seek return of all the money paid by her till date to your grandpa. Nothing to be afraid of anyone; law is on your side as also on your mom's side;
Re: Taunting for dowry / harrassing
First of all tell your father not to worry about the ancestral property. And for getting share in the ancestral property you can instantly file a suit for partition, and despite they like or not, they are bound to give your father his share.
As regards life threat, you can complaint to police regarding this. 498A complaint would be maintainable against those inlaw of your mother. Even complaint under domestic violence act is maintainable and instead of 498A domestic violence would be more preferable in this case.
Feel free to write or contact in person if you have any mroe doubts or difficulty.
Re: Taunting for dowry / harrassing
If the property is ancestral than your grandfather has no legal right or power of any kind to deprive your father from his share in the ancestral property.
As regards the complaint u/s498A, your mother is not entitled to file the same u/s498A.
Regarding the threat of killing your mother or father or you may file complaint to police authority in this regard.
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