Anticipating false cases against my brother
My brother got married in the month of April 2014. this was his 2nd marriage. it was girls 2nd marriage too. after the honeymoon the girl leaved only for around 15 days in a span of 2 months and that too in installments. in the meanwhile she got pregnant. the daily routine of the house was shouting and throwing things and various other unwanted happenings. during her stay it was evident that the girl is very much arrogant, very very short tempered, ill-mannered, some people even asked us whether the girls has a mental history.
After that she left for her parents house and stayed there for around 9 months and gave birth to a child. during this 9 months my parents tried a lot to resolve the matter but somehow the matter was not resolved, it seemed that the girls parents were not interested in resolving the matter but they kept the matter pending in some reason or the other.
Now by the interference of a common friend the matter has again started to crop up and it become clear that the girl doesn't wants to stay with us but due to her parents pressure she has agreed to stay with us, but seeing her past behavior we are not keen in continuing their relationship.
we are being pressurized to give her a chance as an experiment for sometime.
my question is what should we do? Should we give her another chance? If yes, what precaution should be taken. If no, than what precaution should be taken, what can the girls parents do? we have also been told by a third person that the girls parents are planning to send forcefully in our house, can they do so? what should be our steps?
Asked 3 years ago in Family Law from burdwan, West Bengal
1) under no circumstances should she be permitted to stay with in laws
2) ask son and daughter in law to stay separate .
3) if flat is owned by parents they can move court and obtain a restrain order restraining daughter in law from entering flat owned by them
4) ask son to immediatedly move out of his parents house so that wife cannot claim she has right to stay in flat owned by in laws
5) if facts mentioned by you are true wife will file DV case / 498A case against husband and in laws
1. It is for you to decide whether to giver her a chance or not.
2. If you are of the opinion that she is not going to mend her ways then you may propose mutual divorce to her. If she refuses to agree to mutual divorce then your brother may unilaterally file for divorce on the ground of cruelty.
3. When your brother files for divorce she may hit back by filing false cases of dowry and assault, etc against him and his family members.
4. Your brother can also claim the custody of his child.
1. Give her another chance to rectify herself,
2. May be she will change after the child birth and the child will become her priority,
3. Since it is the second marriage of your brother, he should be extremely careful and tolerant to ensure thet there is no more divorce in his life, if possible,
4. If she does not change, your brother has ample opportunity to file divorce suit after collecting the evidence of her creulty.