How to prove mental harassment by in laws in court?
2 years ago
How can i prove that my inlaws and husband has been mentally harassing me and directly/ indirectly asking for dowry?
A.Dear Sir,
You have to file 498A of IPC and Section 3 and 4 of Dowry Prohibition Act complaint with local police and they will collect evidence by way of statements of witnesses under Section 161 of Criminal Procedure Code.
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You have to file 498A of IPC and Section 3 and 4 of Dowry Prohibition Act complaint with local police and they will collect evidence by way of statements of witnesses under Section 161 of Criminal Procedure Code.
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A.The way it all works is that you provide your statement to the curt while giving evidence what all happened with you and who all did what with you and rest you live it onto your lawyer to bring out during the examination and cross examination during the evidence stage in the court. That is the whole reason that you need to have good and strong lawyer who is an expert in examination and cross examination to bring out the truth and prove your case.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.On the ground of torture and cruelty,you are entitled to file Matrimonial Suit for Divorce after one year separation. However, you are entitled to get the remedy of such torture and cruelty by taking legal steps under the Domestic violence Act,2005 and it is necessary on your part immediately to lodge FIR under Section 498A of Indian Penal Code as well as under the Domestic violence Act,2005, against the husband and in -laws before the local police Station specifying your humiliation in details and torture on the ground of dowry demand (along with evidentiary proof,if any, for example audio/ video recording,messages etc) as well as immediate legal notice to your husband for return of all the Stridhan of you along with Gold, Dowry amount ( if any) within 30 days from the date of receipt of such Notice failing which proceedings under Section 406 of IPC requires to be instituted before the Magistrate Court against that husband on the ground of Criminal Breach of Trust and in such case he can be punished either with imprisonment of either description for a term which may extend to three years or with fine, or with both.
Please take note that if for any reason the Police refuse to take FIR under Section 498 A of the Indian Penal Code,then it is necessary to bring the said fact of Police inaction to Higher Police Officials for direction to the concerned police to lodge FIR as well as to investigate the issue to file charge sheet at the earliest . If even after that the Police refuse to lodge FIR, you may approach concerned judicial magistrate Court with an application under section 156(3)Cr.P.C seeking direction to the concerned police to initiate expeditious investigation and file charge sheet in this regard.
Please take note that if for any reason the Police refuse to take FIR under Section 498 A of the Indian Penal Code,then it is necessary to bring the said fact of Police inaction to Higher Police Officials for direction to the concerned police to lodge FIR as well as to investigate the issue to file charge sheet at the earliest . If even after that the Police refuse to lodge FIR, you may approach concerned judicial magistrate Court with an application under section 156(3)Cr.P.C seeking direction to the concerned police to initiate expeditious investigation and file charge sheet in this regard.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Aap ko apne sasural walo ke khilaf police me complaint file kare 498 a 3/4dowry act ke antargat.
Aap domestic violence ke antargat case file kar sakte hai.
Proof karne ke liye aap ko documentary or oral rup se proof karna hoga. Oral rup se proof karne ke liye aap ko witnesses parastut karna hoga. Jo aap ke case ko aap ke sath proof kar sake. Jo bhi incident hua hai vo witnesses ke saamne hua hai.
Aap domestic violence ke antargat case file kar sakte hai.
Proof karne ke liye aap ko documentary or oral rup se proof karna hoga. Oral rup se proof karne ke liye aap ko witnesses parastut karna hoga. Jo aap ke case ko aap ke sath proof kar sake. Jo bhi incident hua hai vo witnesses ke saamne hua hai.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Depending on the full facts of your case you can lodge a complaint with the police / protection officer under section 12 of Domestic Violence Act for harassment against your in laws. Or you can directly approach your jurisdictional police station and file a complaint u/S 498A IPC.
If you find my answer helpful then kindly rate me.
Depending on the full facts of your case you can lodge a complaint with the police / protection officer under section 12 of Domestic Violence Act for harassment against your in laws. Or you can directly approach your jurisdictional police station and file a complaint u/S 498A IPC.
If you find my answer helpful then kindly rate me.
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A.Hi,
You can start by filing a case before your local police station u/S 498-A. Alternatively, you may also seek the refuge of the District Protection Officer who is statutorily powered under the Domestic Violence Act.
If you find my answer helpful then kindly rate me.
You can start by filing a case before your local police station u/S 498-A. Alternatively, you may also seek the refuge of the District Protection Officer who is statutorily powered under the Domestic Violence Act.
If you find my answer helpful then kindly rate me.
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