• My brother's wife harassing family


My Brother's is a Christian and his wife Non Christian married 4 years back (love marriage) and have been living separately for last 2 years. they have a daughter who my brother is taking care of. As decided between them he takes care of her house rent and expenses (she lives independently, has never taken care of her daughter and wants a liberal life). She moved out citing that my brother is impotent.

Now all of a sudden after 2 yrs she is threatening to come back to my brother's rented house but after having gone through so much my brother doesn't want to spend anymore life with her.

Please note: in that house lives my mother, 2 brothers and 1 sister along with my brother's daughter. younger brother and sister are unmarried.

Her father is a prominent businessman in his area and wants them to stay together just for his image.

She is always threatening him with dire consequences (of Dowry case & Physical violence etc) if he doesn't follow her way. Now she wants to live in the family but will do as she please.

we are tired of all this. Please suggest what can be done in this matter. our first priority is to safeguard our family specially mother from her police threats. and then free our family of her.

Please suggest

Asked 3 years ago in Family Law from Delhi, Delhi
Religion: Christian
1. Your brother does not have to give in to her threats.

2. He can file for divorce on the basis of mental cruelty committed by his wife.

3. To obviate the adverse consequences which are likely to ensue after she files a case of dowry harassment, etc your brother and his entire family can seek pre-arrest bail from the court.

4. Your brother can also seek the custody of her daughter.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Dear Querist
First of all try to settle the matter amicably with her if possible otherwise your brother may file a divorce case against her before court and also your mother may file a complaint under section 12 of domestic violence act read with section 18 of the act and claim protection. 

You may contact me over the phone or personally after pay the consultation fee which is very nominal. 
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

1) your brother can file for divorce on grounds of cruelty . 

2) making false allegations that husband is impotent amounts to mental cruelty 

3) your brother should move out of family home and stay separately in a rented house . 

4) in the event his wife files false case of 498A for dowry harassment it will insulate family to some degree . your brother should obtain anticipatory bail in case false case is filed 

5) in the event wife files case under domestic violence act your brother  should contest it on merits 
Ajay Sethi
Advocate, Mumbai
45486 Answers
2672 Consultations

5.0 on 5.0

These things happens more so when wife and her family becomes vindictive.
Since your brother does not want her back then do not ask him to sit idle and when the wife runs out of her patience she will definitely file 498 A CASE.
So either settle the dispute or ask him to file suit for divorce as fighting 498A case after divorce suit filed by husband becomes easy . 
Devajyoti Barman
Advocate, Kolkata
12818 Answers
166 Consultations

5.0 on 5.0

1. It will be disastrous for your brother if she can manage to enter in to your house and start living as she pleases,

2. Let your brother take up a rented house (if the house where he is now staying is in the name of your parents). This way your parents can be insulated from her future false complaints and she can be restrained from entering into that house,

3. Now your brother should file a divorce suit immediately on the ground of mental cruelty and desertion and inform the same in writing to his wife while sending the notice for divorce suit,

4. If she lodges/files any DV or 498A case/complaint after two years of seperation it will have no leg to stand but you shall have to contest those cases fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
18471 Answers
448 Consultations

5.0 on 5.0

Dear Mr. Sanjeev,
Any legal action you may initiate may provoke her and in retaliation she may immediately approach police with false cases for the offences of dowry demand and harassment or cruelty by husband and his relatives namely mother, father, brothers sisters etc., including the pet dog which might have barked at her as a recognition in affection, when she entered the house.  For this the only precaution is as and when you are summoned by police even for minor inquiry, the first thing to do is to take anticipatory bail and then attend the investigation session.  
The case in the court subsequently can be challenged during trial accordingly on the basis of merits in your side. 
If your brother is no more interested in continuing his married life with her, he may very well file a divorce case against her on the grounds of desertion and mental agony.
T Kalaiselvan
Advocate, Vellore
35651 Answers
387 Consultations

5.0 on 5.0

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