My wife's brother got married on 7th may, 2019. It was an arranged marriage. My brother in law (BIL) is a permanent employee of a Central Govt Department and a Bachelor of Business Administration. On 11th july my BIL came to know that his wife is not a graduate, as it was claimed before the marriage. He got angry upon it asked her why they lied about her educational qualification, and they should not have done it. His wife got furious on it and the next day she left home and did a message to him that she is going to leave him and going to a place which no one would know. My BIL called his Mother in law and told her about that. His MIL got his wife on Nearest Railway station and brought her to her home first and then send her to my BIL house in evening. During the night my BIL checked her mobile and came to know that she has called a mobile number, when he asked her about that suspicious mobile number, she told that that number is of her ex-boyfriend and she asked him to accept her right there, but her ex-boyfriend refused to accept her and called her mother and told her mother about her location. She also accepted that she is in touch with her ex-boyfriend continuously even after marriage and they could not get married bcoz her boyfriend's family refused. Now my BIL is not ready to stay in this marriage and he wants a divorce. Today he left his wife at her maternal home. When he told her mother and father about her wrong doings, they threatened him and his brother of fake cases of dowry and attempt to rape. What exactly should be done by him now? Pls guide.
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Hello,
no rape case can be filed and there is no way that you can stop some one to file a case, false or true becomes the matter of investigation.
he may file a suit for annulment of marriage on the ground that the consent for marriage has been taken by fraud. This will also help him if some false case is filed in future.
regards
The wife is not over her ex. She is still in love with him. She must have married because his parents were not ready and therefore.....she will not be happy with your BIL as she will compare everything and anything.
It is better he leaves her. A petition should be filed to declare the marriage null and void as a material fact relating to her affair etc. was not told to the BIL.
Don't panic. An anticipatory bail application should be moved if they lodge an fir which they will do. A petition for fair investigation should be filed in the high court.
Regards
Actually they are threatening to file an attempt to rape case on my younger BIL. Bcoz once he went to bring his bhabhi from her maternal place to her sasural. When he reached there his bhabhi and her Bhabhi's mother were in market and his Bhabhi's younger sister was at home with one another elder lady relative. He enquired about her relationship status with her present boyfriend, who is a mutual friend of my younger BIL and his Bhabhi's younger sister. She got furious on it. Now they are saying he attempted to rape her that day.
You cant avoid the fake cases but you can secure anticipatory bail application for all the accused persons to avoid arrests
1) file for anullment of marriage on grounds of fraud as wife lied about her educational qualifications
2) file petition within period of one year of marriage
3) if wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court
Record their threats
2) delay in filing rape case would go against the complainant
3) if such case Is filed apply for and obtain Anticipatory bail from sessions court
He has actually nothing to before FiR is lodged and police start investigstion.
DENY ALL ALLEGATION.
It will be the state to prove the allegation. Ofcourse you if you don not criminal law matter engage some lawyer to defend the case.
keep in mind that anybody can file false case against you. Mere allegation is not enough. It needs to be proved beyond doubt in any criminal proceeding.
1. This marriage is not going to work out for sure and hence it is good for all of you to put an end to this.
2. Since one years has not passed they will not get mutual divorce but on the basis of mutual consent they can get a decree of nullity.
.3 There is no way one can prevent a case u/s 498A to be registered However of you lodge complaint with police about threats and blackmailing whenever they do so, it would be easier for you to get bail.
Respected sir...
First of all if he don't want to be with her then file the divorce petition as soon as possible because prior filling will work as a defence for us... And let them do whatever they want once you filed we have plea that they are taking revenge of that divorce petition in form of fake rape case... And sir it is not easy for anyone to prove rape case... If in future they files fake rape case then ask the investigation officer for the DNA test there story will be finished there... No need of worry but remember file petition prior to them....
Thank you
Yes these are the possibilities that they can do it but in case of matrimonial disputes the things are supposed to be investigated and police has to play a greater role in this complaint as you have sufficient reasons and you can convince the police that their allegations are wrong and in the meantime you can arrange for anticipatory bail from the court so that you can avoid any arrest
Well they will do these things. Women have all these weapons in their arsenal. Rape# atempt to rape assault etc. But they have to prove it.
it is very difficult to prove the case as the evidence that may lost due to passage of time.
Dear Sir,
For answering your query i need to understand more about your brothersituation. But, as a precautionary measure your brother can move an application before the concerning Mahila Thana police station and S P Office stating all the facts and circumstances. So that if in future your brother wife file a case against him then he can refer the same application.
This action of your brothers although not fully bulletproof but to some extend it can help and shows your bonafide intentions before the court.
It is not the right time for your brother in law to file a divorce petition because it is not maintainable within one year from the date of marriage.
Though he has left her in her mother's house, he should not over act now itself, instead he can maintain silence and should not attempt to visit her for another six months nor try to contact her by any means or mode.
This should continue until his marriage is completed one year after which he may plan to file a contested divorce case against her silently.
If she lodges a criminal complaint for dowry harassment and cruelty after that, he may obtain AB and challenge the same on merits.
Patience is the need of the hour.
Let they keep threatening this way, in case they even lodge a crimninal complaint, he will be having time to go into hiding, after which let him obtain AB and then challenge the false rape case on the basis of merits and documentary evidences in hi support.
Dear
Your BIL should have recorded the conversation with his wife and her family when he went to drop her at home.
Now the better option is to control the situation through mediation and get her home record further meetings and if possible record visuals also To collect evidence for your defence.
And if he just want divorce then file divorce before them filing any case so that you can take defence that they have put cases to counter the divorce case.
