Sir!! I am talking about my brother!! Who is currently working in banking sector!! Before marriage he was in a relationship with a girl for about 4yearsl !!they both joined same banking sector and then they got married!! Brother married her without any demand!! From that very first day my sister in law was unhappy!!! She did not do any household work!!she used to came to her in laws house usually on Saturday and went on Monday!! Till September. Then my brother and uncle went to her home to request her to stay but they both were humiliated and sister in law didn't came!!! Brother constantly tried to keep in touch so that relationship might work!! At the end of December brother somehow convinced his wife to travel so that they could spend a quality time and everything would be right!!! After returning from that trip she again did not came and told if my brother would get her a new flat and car she would come else not!!! At the month of May sister in law came with her family and grabbed my aunt and sister (my cousin) gold ornaments and went away almost taking everything from the house!!! In a word just tried to collect every possible things!! Then sent an FIR where she told it was arranged marriage and my brother forcibly married her!! They tortured her!! They demanded from her 35000 per month to feed her!! They did not let her use bathroom till sunrise and many more allegations!! She wrote that on her birthday (which she put wrong dob as my brother has the xerox copy of her voter pan aadhar MP certificate etc) my uncle and brother attempted to murder her!!! Now she demanded 50lakhs !!!my brothers advocate told him that the case may proceed to 9-10years and to go out of court settlement!! Plz tell what to do!! We all are in a bad condition!!
No need to bow down to pressure tactics and pay Rs 50 lakhs demanded by her
2) apply for and obtain bail in false case filed by wife
3) if she has stolen ornaments file police complaint against her for theft
4) file for divorce on grounds of mental cruelty
5) wife refusing to stay with husband amounts to mental cruelty
6) wife levying false allegations against husband amounts to mental cruelty
Your aunt and uncle need to take steps and your brother needs to support them and take coercive action against the wife and moreso you need a good lawyer to defend upon evidence in court that why she should be paid Rs.35000 or any amount as mentioned by you. Court case will take 2- 3 years
It depends on you if you want to settle then you can else you can contest in court. Settlement is good but you cant agree to their unusual demands. So you can decide the same
First of all appoint a competent Advocate. The person whom you have appointed, is just misguiding you, instead of defending your brother.
See me at my office. [deleted] (nine eight two zero eight nine seven eight eight four) Take appointment
1. File Section 9 RCR.
2. Your brother can file a divorce on ground of cruelty.
3.No need for any settlement Contest the matter on merit.
1) Your brother can file for divorce on deserted and cruelty ground.
2) Deny all false allegations mentioned against your brother by way of answer to notice.
3) Let court send summons to your brother and stop talking with her and her family.
4) Demanding 50 lakhs it's normal thing, ask your brother to go for settlement for 50 thousand etc.
1. It appears that a case under section 498A IPC has already been registered and if that is so then do take bail preferably anticipatory bail asap.
2. Such bail petition is likely to be allowed without much hurdle.
3. After the bail you can talk to the lady to resolve the dispute amicably. If this does not happen then go for mutual divorce which would entail payment of lump sum as permanent alimony in all likelihood.
4. In such circumstances the 498A case would end in no time out of her consent of your acquittal.
See demand of 50 lakh is unreasonable and high she has no proof of harassment and her all allegations are false file a quashing petition before the high court and contest the case, there shall be no conviction and after some time tired of cases she will come and agree for settlement for without any amount for that patience is required,
1. Under what sections has the FIR been lodged? You should furnish compete facts.
2. If FIR has been lodged then have you obtained anticipatory bail?
3. Your brother has to prosecute his case on merits with the evidence he has.
4. It should not take more than 2-3 years.
It is usual for a woman to level such allegations in the dowry harassment case and the domestic violence case against her husband and his relatives. This has become common and a legal weapon for wicked married women to avenge their husband and his relatives However this can be challenged in the court of law properly with the help of a skilled advocate.
The case will not run for 9 to 10 years as had been misguided .
Your brother can think of filing a contested divorce case on the grounds of cruelty
Dear Sir,
File a writ petition u/s 482 of Cr.P.C. for quashing the FIR of 498a
Quash false 498a -Vague allegations in Fir
Quash false 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.
A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.
