Mahalakshmi Saravanan
Asked July 12, 2016

Threats of False cases

  • 1 Answer
  • 251 Views

My Husband's elder brother had some loss in his business and given Insolvency petition and ran away with his wife 5 months back from Salem, TamilNadu.We are living in Bangalore.After that IP notice came people who gave money with his brother started asking us and trying to file fake cases on my husband and fatherinlaw.My motherinlaw and fatherlaw stayed with us in bangalore for 2 years because of my pregenency and baby surgery issues. We really don't know anything about his business matters.people are trying to get money from us and trying to file fake cases like my husband and fatherinlaw knows about the money matter so we have to give money.Now our life is in trouble.please help me and my family to get out of this problem.It's very urgent.please help to take further actions.I have one year baby with surgery done in his food pipe.It's very hard time for us.All in our family sometimes talking about suicide too.please help ...Urgent.

Answer 1

You or your family in no way is liable for the debt owed by your husband’s brother and hence, you can initiate legal proceedings against these people to ensure the safety of your family. Since your fundamental right of life and person liberty, safeguarded by Article 21 of the Indian Constitution, is constantly being threatened by these people, the first step you can take issending a legal notice[1] to the individuals. This would serve the purpose of indicating the people that you are willing to take legal action against them if they do not put an end to their illegal threats and actions. A legal notice, in most cases, deters people from continuing the illegal activities, out of fear form further legal or punitive actions.

Taking a more stringent or serious step, you can also file an FIR (First Information Report) in your nearest police station. You can also demand for police protection. Though you will not be provided 24 hours police protection but you might be provided police protection for the time period of your court trial, if the situation is convincingly serious and also if you wish to initiate legal proceedings.However, police protection in India is not a strong and efficient procedure, but again, this is an efficient way of creating fear and realization of the possible legal consequences for the wrongful actions of these people.

However, if these steps too fail to deter these people and you continue to suffer, you may seek a perpetual injunction order under S. 37 of the Specific Relief Act, 1963[2]. This order would prevent these people from threatening you or causing any further damage. You can also initiate civil proceedings for injunction and damage claim against these people under S. 9 of the Civil Procedure Code, 1908[3], which provides the courts to try all unbarred civil suits.

These are the only legal actions that can be initiated by you at the moment as these people have merely threatened to file fake cases against your husband and father-in-law.

However, if they file a false FIR, you may be rescued by S. 173 of the Code of Criminal Procedure, 1973[4], (Cr.PC) whereby the police forwards its final investigation reports to the magistrate. A false case would be reflected in such report and the magistrate can take appropriate actions against the offender. Also, if you are not provided relief in this stage, you can access the special inherent power of the High Court under S. 482 of Cr.PC[5], which provides the HC with the power to quash the FIR or the said private case.

 

 

[1]Format available at: http://www.affidavitformhub.com/legal-notice-format/.

[2] Available at: https://indiankanoon.org/doc/1314688/.

[3]Available at: http://www.advocatekhoj.com/library/bareacts/codeofcivilprocedure/9.php?Title=Code%20of%20Civil%20Procedure,%201908&STitle=Courts%20to%20try%20all%20civil%20suits%20unless%20barred

[4]Available at: https://indiankanoon.org/doc/1412034/

[5]Available at: https://indiankanoon.org/doc/1679850/

Agree Comment 0 Agrees about 1 year ago

Please Login or Register to Submit Answer

Do you have a Will?
Why not create one now for free in under 10 minutes!

Get started now