I am asking this question about my brother (B) and his wife (W). W and B are fighting a lot and looks like divorce is the only option left. W has threatened that she will leave no holds barred in trying to destroy B, i.e our family. B has done no physical harm ever to W, usual compatibility, respect fights between couples which has now escalated to this level. Wanted to understand that how we can proceed in this matter. We fear that girl can make random allegations on mutiple family members to inflict maximum pain.
See at this stage only your brother can file a NC against wife that she is cruel and intimidating for false cases she is harnessing mother and other members of the house.
Also your mother can file Domestic violence case against her.
Brother can file divorce on ground of cruelty against her.
1) record her threats
2) save her messages wherein she made the threats
3) if she files false dowry harassment case apply for anticipatory bail from sessions court
4)install CCTV cameras in house
File divorce case immediately. Do not get scared of what she can do or she will do. Do not go for MCD , it is teethless process of law. Do not also go for any out of court settlement.
2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
Brother should live with her separately. You people should not be in touch with him when she is around.
Brother should file divorce petition against her of he does not want to live with her.
In case she lodges false cases then your mother should also lodge a case of domestic violence against her.
Regards
Install spy cameras, record her activities of violence and threat of filling false cases, as of now , no action can be initiated by you except procuring evidence of your defense.
Than on the basis of those evidence can initiate legal proceeding against the wife.
Now Supreme Court clearly settled the law that dowry Harrassment and cruelty cases cannot be booked against all the family members. Any get issue a newspaper notification saying that you and your parents delinked the damily of your brother. If possible ask your mother to file DV case against your sister in law.
- Since, she has threatened your brother for implicating him and other family members in false cases of dowry demand ,hence your brother should give his complaint/information to the police and higher official in advance for apprehension and threatening ,
- Otherwise , there is only one way to settle the dispute finally ,i.e. Mutual Consent Divorce..
- For filing a divorce cases against her , there should be reasonable and strict proof against her cruelty.
You can take precautions. If she files any false FIR then you can take anticipatory bail.
Kindly try to arrange meeting with family counselor, B and W. Counselor will do counseling to both of them.
Going by your post, if she files 498-A, immediately obtain bail and contest the case.
She may also file DVC, Sec.125, Sec.24, Divorce etc.
Start collecting proofs / evidences as far as possible against her in support of your cases / replies to counter her allegations etc.
Preferably let her go for divorce rather than your brother going for it.
You should try to solve the matter through mediation of reputed persons of the society and go for mutual consent divorce If divorce is the only option left to solve the dispute.
Because if this dispute reaches to judicial fight then your family may have to suffer major loss as compare to girl family.
So better option is to go for mutual consent divorce.
your brother can give a complaint in advance before Police Authorities about her false threats and ask the authorities not to take any action on the false complaints filed by his wife. But the complaint must be issued to concerned Police Station House Officer and copies of the same are to be sent to higher Police Officials like Superintendent of Police, Deputy General of Police, Home Minister, Registrar of High Court etc., Ask him not to fear. Take expert legal advise by engaging expert advocate to deal with the matter.
1. B should record all the threats of W so that he has all the required ammunition to prove his case of divorce and also to repel dowry and DV cases which she may file.
2. If and when 498A is lodged then apply for anticipatory bail forthwith.
If he has decided to move on, applying for a divorce seems to be the best recourse. Be assure that the family would not be troubled, even if W tries to bombard B and his family with false and concocted Cases. That is so because the law says that there should be no routine and automatic arrests in Matrimonial cases
Hello,
You do not have any option to proceed.
The only option available for you is to make her understand and go for mutual consent divorce rather than going for a contested divorce.
You can not take any legal action at this stage.
Regards
You can arrange to get them counseled by a marriage counselor or through a mediation by lok adalat.
If they have decided to part their ways then arrive at an amicable solution to proceed with MCD.
Intervention by elders of both sides may also bring some solution to this.
