• Misbehave by brother's wife at home

Hi Experts,

My brother got married 2 years ago. Post that my father(senior advocate) and our eldest brother(doctor physician) expired and my this brother got injured and got operated and has plated installed in his leg.
My this brother is physically challenged since birth and so as his wife.
Ever since these guys are married, my sister in law keeps on misbehaving on irrevalent issues at home with our mother and even with my brother.
Lady is illeterate while my brother works in reputed MNC and is an engineer there.
Intially (lkke after 6months of marriage) they claimed that my brother is impotent and torchered my brother mentally. However they were blessed with a baby girl after 1.5 years of marriage. Now still she keeps on digging and shouting and misbehaving on every small things from anywhere. She once has hit her child and our mother, broken one computer table and one cell phone and now keeps on saying that I want separate home kitchen etc. However even my brother is helpless and infact we are all helpless as we are concered and not sure what she can do.
I have heard these days that court do not listen to people if a women says anything and she can blame anyone to any extent.
We are being a reputed and educated family fears from police and all.
Please suggest how and what actions can be taken against her so that she also lives happily and let us live. 
We also need to make sure that angel baby girl stays with us as she is more attached to us and doesnt like to stay with her mom (even being 1 year old).

I am from Ghaziabad UP.
Asked 4 years ago in Civil Law

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11 Answers

1) your brother can file for divorce on grounds of mental cruelty

2) wife calling husband impotent amounts to mental cruelty and is ground for divorce

3) wife abusing mother in law amounts to mental cruelty and is ground for divorce

4) in case wufevfukes case of dowry harassment apply for and obtain stay against arrest from HC

5) Police would issue your brother and other family members notice to record their statement

6) in alternative brother should stay separate in re nted flat with his wife

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

From your query itself it could be seen that she also lives happily and let us live. If so you have two options. Settles the matter and her all issues amicably and conveys her misbehavior with the help of mediators and her parents by a mediation talks. If the matter could not be settled then the other remedy is to file divorce before the family court under the ground cruelty. But approaching a court is not always helping for settlement in the issues. In court also have mediation and counseling’s opportunities. Or make an arrangement to separate stay / rented apartments /home for them near to your home. Paving the way to a smoother sail in this tricky relationship actually need psychological assistance. Accept the reality of the situation. Choose to have whatever relationship is possible with her, for the sake of keeping contact with your brother and his child.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

Dear Client,

You have option to keep yourself aloof from your sister in law. You should give a separate house to her and your brother to live in. You may also install CCTV camera so that her every rude activity may be recorded and be shown if does something wrong with you.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

1. Your SIL as it appears is not ready to stay in a joint family and hence this raucus.

2. if that is so then better ask your brother to stay separate from his rest f his family like his parents and you.

3. if he wants share in the property then give him his share and ask him to stay separate. At east this would being peace in the life of his parents and in yours.

4. there are legal recourse but that would ruin his family. So if if separation brings peace the bit lit like.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Firslty, Sir, I really appreciate the concerned that you have for your family.

Secondly, there can be a way where you can listen to her, and give her a separate households as demanded by her for the sake of your brother’s married life and for the baby future.

Thirdly, you can file a written complian about her behaviour in the police station as if in future she does something you would have some justifiable answers.

Fourthly, as this is the only option for the time being otherwise no one knows what she has in her mind even after separration.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. The courts now are more inclined towards men than ever before in family matters. What you have heard is wrong.

2. It is not clear from your query as to who is the owner of the house wherein your brother and his wife are residing.

3. Your mother can file a DV case under Section 12 of DV Act to seek right to protection against her daughter-in-law to stop her from committing further acts of domestic violence against her. At the moment nothing more can be done.

4. Once a FIR is filed against your family members they should apply for anticipatory bail to preempt their arrest.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear,

From your question it is clear that you are thinking about your family and your brother family.

So if you don't want to harm their life then ask your brother, what she want, and whatever

she demand's give her and ask brother to leave this house and live separately.

Or if she is not ready to listen then ask brother to file divorce case against her on the ground of

cruelty.

She said impotent to him, strong ground for divorce.

Your mother also file case against her for torture.

If child is below 5 years then right on her is stay's with mother only.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

To restore normalcy in your family, make your your bro and his wife attend a couple of sessions with a marriage therapist.

With the intervention of a marriage therapist, it is probable that they may be able to resolve their difference.

Gone are the time when the Courts used to give an advantage to females in matrimonial disputes, During the present days, the Supreme Court has taken a stern view against disgruntled wives and it is leaving no stone un-turned to ensure that the law of the land are not exploited by them.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello sir , you can file contested divorce petiton , however it will not be easy to obtain divorce and she may engage you in false criminal proceedings .. It is true our law is unfortunately tends to favour women , therefore it is advised to settle the matter amicably ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

hello,

it is not true that courts listen and decide in favor of the girl all bogus arguments although they are looked with sympathy initially. if you want separation then file a petition in the Ghaziabad court stating that incompatibility and cruelty as the main reasons for demanding a divorce. the girl will stay with your bro as he is employed and must be earning a handsome salary. go for mediation in case you want to settle the matter. if not, file a complaint with the police on behalf of your parents that they are being harassed by her. if she files first then she would have an upper hand.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

Under this situation if you want to save their marriage, in my opinion, they both may be allowed to live separately in a distant and different location.

They are not kids, they can manage their livelihood even staying away from you all.

Once she is uncomfortable in your household or joint family system, you may allow them to live separately away from you all.

Take wise decision before any serious legal consequence may arise.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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