• My parents tortured by brother in laws and his wife

My father is in government service and I also. My brother wife not living together with us and also my brother since January 2016. To resolve this problem we sitting many times with some reputed relatives in community. She doesn't want to stay with us and her husband and also don't want to break marriage. She and her family always blackmail us against dowry case, mental harassment case. Now a day she want a flat on her name and their was no guarantee of smooth life after this. My brother also don't want to give divorce to her. We are in critical situation. Please help us.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

No need to worry, immediately file a domestic violence case against her by your mother before the magistrate court and claim protection and compensation.

Later on if she is not in the mood of amicably settlement then fight the case on merit if she filed any.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. If both your brother and his wife are adamant then not much can be done.

2.it is true if she fiels any case then she can incorporate your names. However this prospect is not of much concern since in such cases getting bailis very easy and o0nce that is done you have nothing to worry about anything including job.

3.if she threatens you then lodge complaint with local police on this issue.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1) you dont have to agree to her demands

2) it is husband responsibility to maintain his wife

3)if house is in your parents name they should seek an injunction restraining son and daughter in law from disturbing their possession of the house

4) under no circumstances should your father agree to give flat in daughter in law name

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

you should file a case under section 384 IPC for blackmailing, if she files any false case then you can take defence and struck down her case on the ground that you have already filed a case after receiving blackmailing threats.

in arnesh kumar case the supreme court has held that criminal case against in-laws cannot be sustain and it should be quashed if it is filed by mala fide intention to settle matrimonial disputed by giving threats to file criminal case.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Your brother should not become a victim due to fear psychosis by accepting her demand.

If she is threatening to file false dowry harassment cases, ask her to go ahead and he can challenge the same by first obtaining anticipatory bail.

Do not every budge to any pressure and if he does not want to file divorce case, he should challenge her divorce case properly as per law.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Pls reply with a legal advice

The legal advise in this is;

Stop arranging meeting for reconciliations through elders because if she is not willing to accept any proposal from your side, it will be an insult to the elders involving in the reconciliation process.

Remain silent for all her provocations and watch the developments.

Do not start any legal action from your side first so that she should not rush upto to police with criminal case agaisnt you people.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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