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RMy wife’s brother in law’s are threating to file a dowry case against them and also naming my wife in it. She has no role into it, I know that for sure. I just want to what are the legal aspects of a dowry case. She has not received a thing from them. If she will be named in the dowry case can police ask her to come police station for questioning?
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BLawyer here, based in Delhi. First, your wife cannot be named in a dowry case without basis. The Supreme Court in Lalita Kumari has made it clear that in matrimonial disputes, police must conduct a preliminary inquiry before registering an FIR. If your wife had no role and received nothing, that should come out during the inquiry.
If she is still named, the first step is to apply for anticipatory bail to protect against arrest. After that, if the allegations are clearly baseless, you can move to quash the case in the High Court. Let me know if you need help with either.
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P1. If there’s a possibility record these conversations/ telephone calls where they are threatening to file these cases.
2. Even if they go ahead and file, the police will call your wife’s brother before registering the FIR. He has to make sure the FIR is not filed before he goes to the Police. It is advisable to send a representative to check the status rather going in person. It can be lawyer who can check the waters.
3. If FIR is not filed yet, he can talk to the police and explain that the accusations are false. If his siter is not even living close by or has not been visiting their house, he can mention that. He has to be very careful here, not to give his phone or any other important document to the police. Remember there is no immediate arrest in such cases.
4. If the police goes ahead and filed the FIR, they have to take anticipatory bail immediately. Don’t go to the Police Station without bail.
5. Again you have to talk to the police not to include your wife’s name as she isn’t living with them, so that her name is removed from the chargesheet.
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**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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