1) ask brother to stay in separate rented flat with his wife

2) it would insulate parents to some extent in case false dowry harassment case is filed

3) ask brother to visit a family counsellor with his wife to resolve their differences

4) call meeting of elders of both sides to resolve the problem

5) you cannot stop filing of case by wife

6) record her threats

Sir , you need not worry .. If she files a complaint in the women cell , then before registering of FIR , you will be called and matter will be investigated..only if any offence is found then only the FIR will be registered..2) as the women protection law is being misused by women , the courts take very accute measures in passing the judgment .. A recent study reveals that only 5 percent of the DV act cases registered gets sentenced by court.. Therefore Supreme Court as clearly passed judgments to police officials and the lower courts not to entertain the complaint without proper investigation

There is no way you can prevent her filing a police Complaint. However, as a matter of practice, the police try to mediate matrimonial disputes in between the husband and wife before registering any FIR. So, you'll have an opportunity to put up your case before the police. Even if the FIR is instituted, be assured not to be arrested as automatic arrest is impermissible in matrimonial criminal cases.

Hi, As per latest Supreme Court Ruling even though she lodge a police complaint for the office under section 498/A, they can't have power to arrest you. As per the new ruling the complaint has refer to Family Welfare Committee and the committee has to verify the genuineness of the complaint and they have to give report to the police with in one month, so thereafter only police has power to register the case. So you don't bother too much about it, she can't do anything.

You can apply pre FIR anticipatory bail..

Either obtain anticipatory bail or approach the High Court challenging the FIR under Article 226. You'll be granted a stay on arrest by the High Court.

1) the days when police could arrest you on filing of dowry harassment case are gone

2) As per recent SC judgment police has to issue you notice under section 41 A cr pc to record your statement

3) submit report to magistrate

4) you can apply for and obtain bail

Hi, you have to apply for anticipatory bail and once you get the anticipatory bail the police will not arrest you.

Hello,

She can file following cases:

1. A case under section 9 of the Hindu marriage Act for restitution of conjugal rights.

2. A case under section 125 of Cr.P.C. for maintenance.

3. A suit of divorce claiming alimony

No Sir you can not do anything before an FIR is lodged by her, you can talk all the steps after that only and not before that.

Regards

1) wife can file DV case against husband and in laws

2) hence advised you that husband should stay in separate household with his wife

3) in such a case no DV case would be maintainable against parents and other family members

4) in DV cases you dont need bail as there is no arrest

5) wife can also file maintenance case against her husband under section 125 cr pc

Hello,

Asking for this separation is not a ground for filing a a case of cruelty but a ground for filing of divorce. The best recourse would be to wait for her to file a case and then you can defend the case ell in all the forums.

Regards

Wife cannot claim marriage expenses from

Husband

2) in event of divorce wife can claim alimony from husband

3) consult local lawyer before filing any case

4) wife forcing husband to stay separate from parents amounts to mental cruelty

A wife cannot force the husband to live separately from his old mom and dad. This amounts to cruelty and this ground alone you may seek Divorce from the girl. The other cases she could file against you could be of maintenance and domestic violence.

1) call for meeting of elders

2) reduce terms agreed upon in writing

3) obtain signatures of persons present in the meeting

Hello,

You can get the mutual terms of settlement on the affidavit and on that affidavit you can write down that this is being entered upon as an attempt to save the matrimonial discord.

Though this will not work as a substantive case of evidence if by chance a case is filed but can be presented in the court of law. Also you can file a case under Section 9 of RCR, and when she appears before the court then such things can be mentioned in the order of the court by mutual consent of the parties.

Regards

You could speak to the parents of the girl, if they are insisting. You may arrive at a settlement and the husband wife can spend rest of their lives in terms of that agreement. You could also propose them mutual divorce and if both parties agree, you may enter into a settlement deed with them and on the basis of that obtain mutual divorce from the Court.

She is harassing the brother & father. Now she left the house & her parents threatened to file a case. Is there any prevention against to file the case from her side. Father is heart patient & we worried about him. Please suggest ways to prevent from false case by her .

There is no provision to prevent her proposed compliant against your brother however you can defend yourself strongly in case she files a complaint.

Before that you may probe into the possible cause for this rift and quarrel.

If her abnormal behavior relates to her mental ill health or any extra marital affairs, gather evidence and rebut her charges strongly in the police station as well as in the court.

Try to secure evidences against her.

How to protect family from present law which have more inclined towards women.As there is on fault of us, she can use present law to harrass us.

When you receive a call from police station, immediately contact an advocate i the local, arrange for anticipatory bail for all, then inform police that you are out of station and shall attend the inquiry after return from outstation.

This is the way you can prevent from being arrested, because the police in the name of inquiry may frame charges in the FIR and may remand you to judicial custody.

How to protect against arrests by police. Can we file case for prevention against arrests. What type of case need to file for prevention.

You should not visit the police station immediately on getting a call from them.

First apply for AB and then after obtaining AB you may attend the police station for inquiry, this way you can avoid being arrested.

What are other possible cases against can be trapped other than dowry case in such scenarios. Whether against make preventive bail.

She may lodge complaint for mental and physical harassment, outraging the modesty of women, assault, cruelty, criminal intimidation, abusing in filthy language an whatever available offences as tutored by her advocate.

You may first probe into the possible reasons for her such outburst and collect evidences so that it wiil be useful for obtaining anticipatory bail also.

As per latest conversation, she wants father need to be separated. However, her behavior towards husband is not normal. She accusing the husband for alimony of Rs 10 lacs what her parents spend on marriage. She left the house. Can we file the case against cruelty for attempt to separate father from husband.

You cannot lodge any complaint on cruelty against her for this reason.

If she is continuously absconding, then you can issue a notice to her to return otherwise her absence will be considered as willful abandonment of her matrimonial home also considered as desertion.

If girls parents want to discuss & solve the issue, what steps should taken.As girls threatened to suicide, it is big Rick to family. Is it resolve legally so that in future there shall not be any issue. What are the ways to resolve legally.Please suggest.

You can arrange for a counselling with a marriage counselor or for reconciliation through elders from both sides, get an agreement signed before the elders by both the sides compromising the issues between them and then let them start living a fresh life.

Bit there is no guarantee if she once again begins her abnormal behavior, there is no law to enforce such agreements made out of court and no such agreement is binding on the parties as per law of contract, because this is a void agreement as per law.