Who owns the property? If in laws than she has  no right to live in in laws house.

Secondly tell your parents to file petition under senior citizen act they are above or either 60 years of age.

Use the recording in evidence that she is committing adultery and threats to file false cases.

Record her threats and apply for divorce.

Also apply for anticipatory bail.

Who is the owner of property 

if your parents are owners of property they can seek court orders to direct son and daughter in law to vacate portion of house in their  possession 

3) In case DV case is filed then file detailed reply denying allegations made in complaint 

4) your bother can file for divorce on grounds of mental cruelty 

5) wife forcing husband to stay separate from parents amounts to mental cruelty and is ground for divorce 

1 Your brother and parents may file police complaint against sister in law for harassment and intimidation for false cases. They may proceed with FIR against her and brother may file divorce against her on ground of cruelty.

Dear Sir,

There are some laws in favour of women but the cases filed under those laws can be contested and won. It is suggested that the parents file the case against the son and daughter in law for maintenance under the provisions of Senior Citizen Maintenance Act and also file the eviction suit against your brother and his wife from the house, if the same is own by the parents. Before, everything, an informatory application is required to filed to the local police informing her activities, requesting to keep the application in record and give the adequate opportunity to put your version of case before taking any action against you and your family. 

 - As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Hence, as per law, she cannot deny living with her husband , under the condition of separate living from the family.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- And further , even his wife is having an extra marital affair; he cannot take legal action against her under any section of the IPC.

- But he can get divorce on the ground of adultery, if you are having sufficient proof /evidence of adultery. 

- Since, she is trying to implicate your brother and his family members in cases, hence he should lodge a complaint/information before the police after narrating the facts in details , and thereby mention that she is threatening for implicating in false cases of dowry. 

- Further , if she files a case of violence against your brother and family members , then your mother being a woman can also file complaint under the provision of domestic violence Act as well. 

Your parents can file case under senior citizens Act and throw her out of the house. Your mother can also file domestic violence Act and seek entry in that House. If your wife files a false criminal case then you can take anticipatory bail to secure arrest. 

You ,brother and parents have solution for the problems you have mentioned in your case. 

Please file divorce petition before Civil/ Family Court as contested matter on the ground of cruelty and Domestic violence against your sister-in-law.

You and your Brother parent would definitely succeed provided you have nice practising Advocate fighting your case before the same Court and areas.

All the best. 

Best regards .

It is not that Indian law is always supporting a woman.

If she files the cases than delay as much as you can,because this will create mental pressure on her,  

In fact you can ask your brother to file a divorce case first.

Police complaint can also be filed for threatening 

1. Ask your brother to become  man and show some spine.

2. This lady is not worth of keeping at home and must be separated from her.

3. So ask him to file a suit for divorce and stay with his parents.

4. She will be entitled to maintenance anyway and file a case u/s 498A IPC in retaliation but it cna be countered easily by taking bail at the first place. 

Against criminal case can apply for anticipatory bail as protection. And for other cases, just record her threats, misbehaviour etc. Shall be use to prove u innocent.

For DV there is no protection. Only for cases like 498A ipc, dowry prohibition Act and other cognizable and non bailable offense you can secure protection from arrest through anticipatory bail

Do not feel dejected by wrongly presuming that the Indian laws are favoring women alone.

Th law will favor the one who is affected.

There is no biased law  in the Indian legal system, hence you need not be under the wrong impression about our legal system.

If she is threatening to file domestic violence case against your brother and mother, let she do it, you can challenge the same on merits and documentary evidences in your support.

It is not necessary that since she filed the case against them, that they are to be punished, the court will hear both the sides and pass judgement on the basis of the documentary evidences and merits in the case.

Your brother can decide about continuing this marriage anymore or not due to the continuous tortures that she has given to him for a very long time.

The court will not accept her prayer to punish him just because he keeps in touch with his mother or other relatives, in fact it is a cruelty on her part to restrict her husband to contact his mother or other relatives.

You discuss with a local lawyer and take preventive steps or the acts to be done when she files a domestic violence case against them.

Your brother can decide about filing a divorce case and also a child custody case if he is attached with the child.

You should file a domestic violence case against her through your mother. Also remove her from the house if it belongs to your parents.

Apply for anticipatory bail if she lodges a complaint against you or your parents or brother.

You should first file a domestic violence case against her through your mother before she does. That way your case would be strong. Also tey to remove her from the house.

No DV case is maintainable against your parents if there is no shared household 

your parents are not staying with your brother and sister in law in same house so no DV case is maintainable 

1. Don't feel scared. Now even if a FIR for dowry harassment and cruelty is lodged under 498A police cannot arrest at the drop of a hat. It has to first serve a notice to the accused.

2. Once you receive the notice from police then immediately apply for anticipatory bail.

3. DV case is not a criminal prosecution, hence you can contest it on merits.

Definitely you have rights of protection against criminal threats and false case against all of you which are as follows:-

1-The moment she files Domestic violence case under section 498 a  r/w 114 of IPC   in Police Station against all of you SHO or IO  would start the process.

2- The SHO or I O would issue notice for appearance before them  and statement with reply.

3- The moment you are served with notice immediately all of you may move for ABA  before Court of Sessions for interim and final relief. 

Having kids does not mean that anybody cannot file ki divorce petition it is open to both the party in case there is any domestic violence then the police may be approached by any party to lodged the complaint.

If the matter is getting out of the hand it is advisable to approach the police and give them information regarding the domestic violence and torture and a notice in this regard can be sent to the sister-in-law that divorce case may be filed if her behaviour cannot be changed this is very obvious to get this kind of cases in case of family dispute and in case any FIR is filed in this regard then the family can get anticipatory bail otherwise approaches to high court for quashing the FIR

There is no such protection available to stop her from filing the cases. Still you can file a simple written representation to the police that you and ypur family have fear from her and she can do anything wrong in future 

Dear Querist

your Brother should file the divorce case immediately based on the cruelty under section 13(1)(ia) of Hindu Marriage Act-1055 before the Family Court along with an application under section 26 of Hindu Marriage Act-1955 for child custody. when she got the summon from the Family Court she may try to settle the matter amicably and in that scenario, your brother may settle the same before the Family Court or the Court Counselor. that settlement will be in Writing and can be executed within 12 years if she again starts fighting without any cause or sufficient reason.

Apart from the above, your brother may file an information cum complaint (non-Actionable) before the Police commissioner and SHO of the area and mention all the cruelty committed by her upon him. that document/information cum complaint shall be beneficial for all of you in the future in case she filed the case against your brother and parents.

One more thing as you informed that your parents are residing with you so, if she filed the domestic violence case against them then your brother or parents may raise the objections that they are residing separately hence there is no domestic relationship now, hence the domestic violence case is not made out against your parents.

Apart from the above, if suppose she filed the domestic violence case against your parents then also she cannot get anything from them, as in the Domestic violence case, she will claim protection order, right to residence, monetary relief, child custody and compensation under section 18,19,20,21 & 22 of The Protection of Women From Domestic Violence Act-2005. so as per the Act, if she claims protection, then the court asked that when the parents are already residing separately then there is no question of torture or harassment or violence, so her prayer of this relief will be rejected in respect of your parents. Secondly, She claims residence Order, Monetary Relief, Child Custody, and Compensation, so all the reliefs are related to your brother and your parents have no concern with those reliefs except the property in which she resides is your parent's property.

In Domestic Violence case, there is no jail or arresting so there is no question of fear. this is a completely civil nature case, so no Need to Worry, be happy, be safe, and stay at home.

Feel Free to Call

1. As such their is no protection from DV case or any other case though your brother may file police NC that she is intimidating for false cases.

- Lodge a complaint before the police as information after narrating that she is threatening for implicating all the family members in fails case of dowry , and thereby mention that if she files a case , then you and your family members would not be responsible . 

you should make a written complain in the nearest police station stating that the wife (sister in law) is threatening to file false case agianst your family.

your brother can file divorce petition on the ground of mental cruelty . 

in my opinion File NC application before jurisdictional police station stating all facts in details. 

In the present circumstances, an informatory application is required to filed to the local police informing her activities, requesting to keep the application in record and give the adequate opportunity to put your version of case before taking any action against you and your family. 

1. First of all Your parents should file Eviction suit against your brother and his wife to safe gaurd them from cases filed by your sister in law.

2. Your mother can also file DV case against her daughter in law.

3.  Your brother can also put some hidden cams in house to record her tortures towards family and collect evidence to defend himself in case of false DV case.