Advocate Ayush Srivastava

Questions Answered by Advocate Ayush Srivastava

Q: Dowry and Abusement,Restircted to matrimpnial house without non paymen

Need advice for a DV/Dowry case against FIL & BIL, who evicted me demanding ₹40L for my husband's 'MBBS education'. Their torture caused my miscarriage (Oct'23), and I have UP-112 records of BIL's threats (Aug'26). My biggest strengths: my husband fully supports me as my main witness, and FIL gave a written IGRS police admission demanding this money. With this written confession and my husband's support, my maternal is kasganj,matrimonial is jaunpur

Advocate Ayush Srivastava answered
Based on the evidence you hold, you have a strong legal case under both criminal and domestic violence laws. You can immediately file a criminal complaint/FIR under Section 85 (Cruelty) and Section 108 of the Bharatiya Nyaya Sanhita (BNS) along with Section 3/4 of the Dowry Prohibition Act against your FIL and BIL, citing the IGRS admission of the ₹40L demand and UP-112 threat records. Additionally, file an application under Section 12 of the Protection of Women from Domestic Violence Act (PWDVA) before the Magistrate to claim protection orders, monthly maintenance, medical compensation for the miscarriage, and residence rights. Your husband's testimony as a direct witness will be crucial in proving the torture and eviction. You can file these proceedings at your current place of residence (Kasganj) under Section 27 of the PWDVA for your convenience.

Q: Legal footing to helping escape someone from toxic parents.

I am helping a legal adult female friend escape her very toxic, stubborn, obsessive parents' house. What should be my legal footing to secure myself from any false accusations of any kind from her parents? What things I should take care of? My own legal footing?

Advocate Ayush Srivastava answered
Under Article 21 of the Constitution of India, a major female (above 18 years of age) possesses full legal autonomy to reside wherever she chooses, and supporting her voluntary decision does not constitute a criminal offense. To safeguard yourself against false complaints such as kidnapping or coercion under the Bharatiya Nyaya Sanhita (BNS) ensure she executes a signed and video-recorded self-declaration stating she is leaving her parental home voluntarily without any undue influence. Additionally, she should submit an intimation letter alongside proof of her age (Aadhaar or PAN) to the local police station to pre-emptively neutralize any missing person reports or false FIRs lodged by her family. Securing her original identification and educational documents, along with preserving written communications that reflect her independent choices, will establish a clear evidentiary paper trail to protect your legal standing.