Hi sir!!! My elder brother (cousin) has stuck in a false case!!! He has married on 17/04/2017!!after having a relationship with her for almost 5years!!He and his family didn't want any single piece from girls family as they were completely against dowry or whatsoever!! The girl after marriage demanded from my brother car, flat and many more!!! They both are employed in banking sector!! She and her family constantly forced my brother to stay in her house!!! And give his total income to her father and stay there,, forget his own family!! After 3-4months the girl started living her own parents house !!!my brother and his father requested a lot to come,, visit there house,,, but she didn't agree!! After 11-12months the girl filed an FIR against my brother and his family for torturing her in abusive way and dowry and claimed almost 25-30lacs!!!within one month after FIR the girl along with her family came, almost robbed everything including my aunt and sister gold jewelry and everything!!! Though my brother and the girl didn't do registry marriage as the girl told they were married under Hindu married act so she did and forced only social marriage!!! Sir my brothers situation is getting worse as without doing anything he has spoiled his life!!! Though their case is going under Howrah court and he has everything to prove himself right the problem is their date of hearing has not come yet!!! And the lawyer constantly telling my brother to do out of settlement as it will take a lot of time 9-10years to get perfect judgement!!! Sir please tell what to do!!!
Sir in a way lawyer is also right if by giving some amount she is ready for mutual divorce and withdraw case then he should go for it.
Further if he wish to contest he can file a quashing petition before high court to quash the FIR as the grounds are false and there is no proof of same as girl has not lived with them.
If high court appreciate quashing petition then in 2-3 ,years as per pendency it will decide and quash the FIR.
1) your aunt and sister would file criminal case against the girl for having stolen their jewellery
2) brother should file complaint of criminal defamation against girl under section 500 of IPC for having maligned his reputation
3) dowry harassment cases take 10 years to be disposed of
4) brother should wait for filing of charge sheet then file for discharge before trial court
1. There is no need to for settlement if you are pressured to do so under exorbitant demand.
2. The case will fall flat in trial if it is handled by a skilled and seasoned lawyer.
3 The conduct of your present lawyer does not appear to be good and he does not appear to be confident to win the battle either and hence this pestering for compromise.
4. If you have taken bail then there is nothing to worry much and prepare yourself for trial.
feel free to contact for further assistance.
We advise you to defend the false case filed against your brother. Inaddition we suggest you should file a divorce case on the ground of cruelty under Section 13(1) of Hindu Marriage Act
1) Here girl has filed case and want 25-30 lacs rupees from boy, let it be pending why you want to come situation don't give single penny as of now. Because nor boy or from his family ask girl to live out of house from day one of marriage. So there is no question of giving alimony to her.
You can contest the case and face trial. If you are willing to pay her more then go for settlement.
Your brother needs to take a call as to whether or not he wishes to continue in this marriage.
The best course for him is to opt out of this marriage by way of applying for a divorce on the ground of mental cruelty. This git cannot refuse to cohabit with your brother in the matrimonial home. Her very nature of not living with your brother and in-laws in the matrimonial home is unacceptable and gives sufficient ground to your brother to apply for a divorce. Hence, as advised he must immediately file a divorce on the ground of mental cruelty.
If your cousin is not interested in the suggestion made by his lawyer, it would be better that he change the lawyer immediately insteadof wasting his time on a person who is not cooperating nor willing to take up the case properly.
Your cousin may not budge to any type of pressure, let the case go on for few years, he should not lose his self respect or any money due to this false and fraudulent people.
Changing the lawyer may provide him some relief immediately.
