My mother in law is demanding money and filed a criminal case against me (daughter in law). My husband passed away two years ago. After a few days, my mother in law filed a case. The case was filed that we did not take care of my mother-in-law. So we agreed to give 4 lakhs as the witness of big men saying that her daughter will take care of her in the panchayat. We have agreed that we will give two lakhs now and give another two lakhs after our son gets a job. Getting the job will be a bit late but they are filing a case in the police station and demanding the remaining two lakhs, what should I do now? What case should I keep on them?
You have no source of income. Your son is also dependent upon you for his basic and essential needs. In this situation the demand of money from you (a destitute lady) is illegal.
In the prevailing circumstances a mother in law has no right to claim money from her destitute daughter in law. The criminal case, initiated by your mother in law, is fit for the quashing under Section 482 of the code of criminal procedure.
Before moving to High Court for quashing of the criminal case, you should move an application before the Family Dispute Redressal Centre, situated at the mediation centre of the family court for the settlement of the dispute.
Instead, you can also approach the SHO of Mahila Thana of your district for referring this matter to the mediation. If the mediator successfully reconciles the dispute the criminal case shall be closed.
If the mediation fails, then you should approach the High Court for quashing the case. You should take a plea that the accused (daughter in law) has no source of income and is also living in vagrancy, therefore, it is impossible to pay 2 lakh rupees to the complainant. The court, after satisfaction of the fact that the accused is innocent, may quash the criminal proceeding.
