• Section 498

My brother in law got married on dec 8 2016 he is 80% disabled cannot walk at all. The girl is from ghaziabad. On dec 18 without telling us she booked her ticket online and went to see her mother in the bus. After 35 days approx jus yesterday she came back met a local police stattion officer and came to our house made a huge issue out of nothing and now has filed an application against the whole family in the police stattion. Has threatened to file section 498 on us. On the other hand we have all the audio recordings where she has asked her husband that pls take me away frm here i wnt to come back to jalandhar and everything. And also to let u know we have found her conversation with someone where she is talkingn abt doing sex if paid some money. She claimed to be a lesbian and has been previously engaged. My brother in law doesnt wnna live with her anymore. Please tell me what shall be done because its her who is wrong she onli stayed one week wid her husband after marriage.
Asked 7 years ago in Family Law
Religion: Hindu

7 answers received in 1 day.

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12 Answers

1. Unfortunately once a marriage is performed it is to be dissolved by the decree of court. Dys of staying together is of no consideration.

2. This marriage will not work for sure. Hence it is good if both them amicably settle the dispute and go for mutual divorce after one year.

.3 If she files 498A case there is nothing to worry as such cases are no more dangerous and once bail is granted nothing remains in the case.

4. Do not get unnecessarily scared as your fear would encourage her further to terrorise you.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

He seems to have made a wrong choice. He can now file a petition for annulment of marriage on the strength of the recordings in his possession. In so far as 498A is concerned all the persons mentioned as accused in the FIR should apply for and obtain anticipatory bail as and when the FIR gets registered.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) your brother in law can file for annulment of marriage within period of one year if he is able to prove that wife is lesbian

2) he cna file for annullment on grounds of fraud

3) in the alternative wait for expiry of one year then file for divorce on grounds of mental cruelty

4) wife refusing to stay with husband amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Do not get so cared of.Their threats are empty.

If the FIR is registered then only apply for AB.

It does not take much difficulty to get bail.

Since one year has not passed you can not apply for divorce.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Dear Concerned,

Out of the above notes it is not clear where is your BIL (brother in law's) wife right now.

a. DO NOT FILE anticipatory bail (AB) unless FIR is registered - you will be suggested to file AB but it will be of no use - due to technical aspects hence file only after FIR is filed - INFACT as there is no automatic arrest in 498A and the cops follow the procedure - you need not to worry on the AB at all. Cops will call your BIL and persons named in complaint even before filing an FIR for generic enquiry and would refer for mediation if needed.

b. As the marriage has been done just a month and so back - you can not file Divorce - However give the audio recordings and also given the disability of your BIL you may look for option available in Annulment of marriage under section 12 of crpc.

c. It seems this family just got into this marriage to blackmail your BIL and his family and now wants to ectract money on false pretexts.

You may feel free to contact us through skype or call for free consulting on subject.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. Has she filed any application u/s498A of IPC against her husband and his family members?

2. Have you recorded any of her such giving threats of filing false 498A complaint?

3. Your mother in law can file a DV case against your BIL's wife.

4 In whose house your BIL is staying now? Is it his parents house? If yes ask him to shift to a tenanted house with his wife after that your parents should file a complaint of committing assault against them by her and take a restrain order from the Court in her entering in to their house. This way your parents in law will be brought out of her clutches for filing any false FIR u/s498A of IPC against them.

5. After that your BIL can file a divorce suit against her on the ground of cruelty producing evidence in support of his allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1.Your parents in law should avail the restrain order from the Court against her entering in to their house if your said BIL takes up a rented house now.

2. If FIR is registered by the police against her complaint, all the accused shall have to avail AB from the Court. AB can not be applied before FIR is registered.

3. Wait for completion of one year of marriage which is necessary for filing the divorce suit and after that file tye divorce suit on the ground of cruelty as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Issue legal notice to your wife to with draw false and defamatory posts and tender unconditional apology

2) if she refuses file police complaint of criminal defamation under section 500 of IPC against her

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Dear Concerned,,

On the basis of the Photograph and the comments - Go ahead and file a criminal defamation case against your wife and these pictures and comments would be enough.

On the basis of her acts file a criminal complaint against her mentioning her intentions and also if she is currently not staying with you - file an injunction suit (to be filed by owner of the house) restraining her to enter the house.

In case the Jalandhar cops take any action against you and do not give you the copy of the complaint file and RTI asking for the copy of the complaint under which they are taking any action. they will have to give you a copy.

Best of luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

If wife files case against husband and his family they can file petition in HC and seek stay against his arrest

2) apply to trial court and obtain bail

3) then contest the case

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. Save the screen shot of her such posting against you.

2. File a divorce suit against her on the ground of cruelty by submitting the evidence in support of your allegation.

3. Leveling false allegation in public social sites against her in laws amount to cruelty against them for which divorce suit can be filed.

4. You can also file a defamation suit against her for the said public posting in social site.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. There will be no arrest made by the police against the complaint lodged by her u/s498A of IPC without conducting an investigation because of the last Judgement passed by the Supreme Court in this regard.

2. So, if she lodges any complaint, you shall get a call from the police of the police station where she will lodge the police complaint and in that case you should visit the said police station to help the investigation.

3. If after conducting the investigation, police converts the complaint to FIR, all the accused shall have to avail anticipatory bail from the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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