My Brother's wife most of time fighting with my parents and talking with them rudely and if I interfer and taking side of my parents then she threaten us that she will put us behind bar using woman law and if my parents don't want to stay with them so asking them to stay at different place so they are not ready leave and asking part from property.
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Daughter in law has no share in property standing in name of in laws
2) your father can call upon son and daughter in law to vacate part of house in their possession
3) if they refuse seek court orders to direct them to vacate portion of house in their possession
4) also seek permanent injunction restraining them from disturbing their possession of house
If she do false police complain on me or my parents like harrassment or any thing else what legal precautions we should take to come out from situation.
1) If wife files false complaint of dowry harassment obtain anticipatory bail from sessions court
2) contest case on merits
On whose name is the property lying?
What is the condition of your brother,?
Is your brother supporting her or remains silence?
If the house property is in your parents names then she can be evicted by first issuing a legal notice followed by an injunction suit.
If she is filing a complaint against you all, obtain AB and challenge the case in court on merits
If she is lodging a false criminal complaint against you all, first obtain AB and then attend the inquiry session with the police..
The false case can be challenged on merits
1. Who is the owner of the house? If the title vests with your parents then tell them to file a suit for eviction of their daughter-in-law. They can also claim the relief of permanent injunction against her to stop her from entering their house again.
2. A complaint can also be made by them to the jurisdictional police station.
Dear Querist
if the property is belongs to your parents then immediately file a civil suit of eviction and filed an application Under Order 39 rule 1 & 2 of CPC for injunction order against her.
In matrimonial Cases, no arrest was happened in present cases, hence no need to worry.
you may or your parents may file a complaint against her before police regarding her harassment and threats.
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1. Ask your mother to lodge a police complaint against your brother;s wife for her such cruel acts and committing domestic violence.
2. After that ask your father to file an eviction suit against your brother and his wife.
3. They shall have to vacate the place based on the Court order.
4. Parents or husbands will no more be put behind the bars based on their wive's police complaints as per supreme court judgement directing the police of all the states not to make any arrest against 498A complaints without conducting an investigations based on the said complaints.
1. If she lodges any such complaint against you and/or your parents, police will call you to investigate in to the matter and at that time you shall come to know about the complaint.
2. if after completing the investigation, police finds some truth in it and registers a FIR against you, then also you shall come to know from the said police.
3. After FIR is registered against you by police, all the accused mentioned in the FIR shall have to avail anticipatory bail from the Court.
4. Once AB is availed from the Court, you shall have to contest the case fittingly.
5. Engage a local lawyer having expertise in this field.