• False harassment case

i need guidance.. my sister in law filed a court case against my brother and mom regarding harassment of beating and torture.. whereas the truth is she didnt even stayed with us for a single day after marriage then how can we torture her .. herself is a big torture for us.. she always keep blackmailing my brother that she will put our family into trouble and she did it. she is totaly physcho. my brother is a nri we dont want him to come here and get in mess... suggest a way to deal with this women.... we are now filing divorce case against her... suggest us a way to win this case
Asked 2 years ago in Family Law from Thane, Maharashtra
Religion: Muslim
When did she file the case? At which stage is the case pending right now?  Have your mother and brother applied for bail to thwart the possibility of them being arrested? If your brother is a NRI he can be arrested through the Indian High Commission therein if a warrant of arrest is issued against him.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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Your legal strategy can be devised by your lawyer alone after a perusal of the papers.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
what is nature of case filed by your brother wife ? is it  DV case or 498A case? it is necessary to peruse complaint filed by her to advise .
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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if it is 498A case your brother and other accused have to obtain anticpatory bail from sessions court . without going through the allegations made in FIR we cant advise you as to what proofs are needed
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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Hi, contact any local advocate and get anticipatory bail, and going through the complaint it is better to approach high court for quashing the complaint.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
what is the current status ,whether FIR has been registered or not.you will be required to take anticipatory bail if FIR has been registered because after this police official will have to obtain arrest permission from DCP to make arrest.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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The degree of proof required can be ascertained only after the allegations are perused. If the case has been filed then obtain bail immediately.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
You are left with no option but  appoint a lawyer and  seek  anticipatory bail for all the accused persons named in the FIR,immediately.  Only your brother can file divorce petition and no one else which your lawyer would take care of.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0
Dear Querist
first of all apply for anticipatory bail/ arresting stay as the case may be and fight the case on merit, try to collect the evidence which contradict her statement and allegation if any.
file divorce case as soon as possible if there is no possibility to save the marriage.
try to settle the matter amicable through mediation/Lok adalat/family settlement.
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0

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