• Sister in law booked a false DVC

My brother got married in june 2019. On August 22nd my brother and mother were discussing about something as that day was ganesh Chaturthi and my sister in law came in between the conversation suspecting that they were talking about her she aggressively started shouting and went on to hit my mother to defend my mother my brother stood in front of her and pushed that girl on to the bed after falling flat on the bed the girl wanted rolled on and fell on the floor she stared screaming as if someone is hitting her after my mother gave her water she started behaving normal. 23rd morning she said sorry and everything else was as usual in the evening when my dad was not at home all of a sudden her father and brother came with nearly 20 members and attacked my brother and mother with very abusive words and threatened my mother to leave the house or else they will throw the furniture out while my brother was trying to protect my mother the girl simply walked out and sat in their car, one of her relatives stayed back and said that he will drop her back in couple of hours. On 24th she gave a police complaint that she was beaten up with a stick and provided a private hospital mlc as an evidence, for that the police said that first there will be a counseling for this case and the girl and her family denied attending the counseling 3times after 9 or 10 days counseling was arranged. But during the counseling the girl completely changed her complaint and went on saying that my brother pushed her by mistake she doesn't have a problem with my brother but the major problem is with my mother, myself and my husband. I'm married and I'm a mother of two I live separately with my husband around 8kms away from my mom's place. But the girl said to the counselor that I, my husband and my mother often provoke my brother to fight with her and that is the reason she is demanding my brother to move away from my parents, she also said that because they have a pet dog at home I don't want to go back to that house and he should leave his parents and that place only then I will take the complaint back. The dog is with us from 9yrs and she knew it before marriage itself. Now the situation is the girl is threatening my brother to move away from parents and start living with her but if he think about divorce she will commit suicide she is saying. And her father is threatening my husband in police station itself that if my brother doesn't agree to what they say they will come and attack my house like they did at my mom's place. The girl's uncle is area corporator hence nobody reacted to her father when he was threatening my husband. The corporator's son is directly warning my brother that he will not allow them to live peacefully in that area if he doesn't agree to what they say. My brother doesn't want to move away from my parents and also he lost trust in that girl. Please suggest. Sorry for long post.
Asked 5 years ago in Family Law
Religion: Hindu

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11 Answers

1) your brother should stay in separate rented flat with his wife 

 

2) this would insulate your mother from any DV case filed by his wife 

 

3) further no DV case is maintainable against you and your husband as there is no shared household 

 

4) your husband can later file for divorce if no reconciliation is possible 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

This marriage is certainly not working at all and hence it's wise to dissolve it asap.

Therefore without further delay file a suit for divorce on the ground of cruelty. 

This may entail serious of false cases from her part but the divorce suit would tide over every hurdles. 

The more he cowers under threat greater would be the intimidation. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

- 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 your brother , 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.

- Further , now relative of woman is allowed to interfere in the matrimonial life of their daughter , if continues interfere , then it amounts to cruelty , and is a ground for divorce as well. 

- Since , she hit your mother and harassed her , then you mother can lodge a complaint under the provision of Domestic Violence Act again her harassment. 

- Further , she and your brother can also file a complaint before the police and higher official for the said threatening by the corporator and her family members, and thereby mention that they are threatening for life and to implicate in false cases to all the members of the family.

- Further , your brother can file divorce petition on the ground of cruelty and above said grounds . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

What suggestion you want by posting this long story.

If your brother is filing a divorce case let him do it.

He can seek the protection of the top police officer and also human rights commission against the threats posed by the corporator relative.

Let she file any type of complaint, he can obtain AB and challenge her false cases in court of law.

 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

If your parents are Senior citizens evict her on grounds of harassment under senior citizens Act. Your mom and other lady members can also file dvc against her

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

You are advised to suggest your Brother to file immediately divorce petition before family on the ground of cruelty and Domestic Violence against you,your mother,your father and husband. This way you all may live in peace. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Deny for separation. 

File divorce case.

They will come to compromise. 

In exchange you might have to face some cases, be ready for that.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You will have to carefully answer all her false statements in her suit or complaint so as to demolish the basis of her claims. Please bring out carefully, how you have no connection with her, and how this is a harassment tactic. Consult a lawyer with details of your case and try to get it dismissed as motivated and false as soon as possible.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Your brother should file divorce petition on grounds of mental cruelty due to girls demand to move away from parents of boy. 

2. They will definitely go for false cases against your brother and for that the solution is that your brother should give a written complaint to SP of Hyderabad against father and cousin of his wife that they are threatening to file false cases and demolision of house if he doesn't agree on demand of his wife. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir/Madam,

It is suggested that  your brother should come strongly and state that he will leave with parents and ready to keep the girl with him in that family. No police pressure can come and such a demand of girl amounts to cruelty against the brother and also ground of divorce. But beforehand, submit an humble application to police authorities regarding the day to day torture created by her and apprehension of false cases under women oriented laws by her. Also, pray for the adequate opportunity to put your version of case before any action against you or your family members.    This application can be sent by post, but preserve the application and postal receipt.   

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

The problem is acute ad should be dealt with immediately. A domestic violence case against her must be lodged through your mother and sister. An injunction against her obtained for entering into your home.

She will file false cases. Be prepared and take anticipatory bail.

File a divorce petition on grounds of cruelty and abuse.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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