Hello, My brother got married in 12th Feb 2020. And on the first night he came to know that his wife is suffering from serious Piles issue. And next day after visiting to family doctor he came to know, that his wife lever is also damaged. (As of now he does not have any medical certificate since that information was from a family doctor). And on the 3rd night his wife told that she does not want to live with my Parents. And since I live in abroad and my brother is only one who can take care of my parents thats why he cant live seperately. On 22nd Feb 2020, my brother along with one of family friends, went to girls house for leaving her for couple of days. But the behaviour of the family was really shocking. They told my brother to serperatly. And All of them said so many harsh words to my uncle and brother. And from that day my brother is living alone along with my parents (its been almost an year on 22nd Feb). In the mean while the girls side has already filed Section 9 for taking girl with due respect from her house to my brothers house. And also recently they have filed Section 125 for monthly compensation of 25,000 per month stating that my brother earns 1,25,000 per month. (Although he is BE dropout, started his own farming buisness but that is also not working, so he is not earning a single penny, and living with the support of my father's pension). He is really mentally disdured with all of this and taking regular medicines (recently admitted to hospital too). My question is :- Can we file a petition for Harrasment from our side because they used to send every now and then messages on Whatsapp. (if yes under which section) ? Note :- We are already planning to file a divorce case as from our internal sources we came to know that the girls side was only interested on my fathers property and nothing else.
1) you have to contest application fir maintenance
2) produce his income tax returns and bank statements to prove his income
3) deny that earning Rs 1.25 lakhs
4) if your brother reputation is maligned file case of criminal defamation under section 500 of IPC
You are in really bad situation. Law is in favor woman. If you file divorce she will file multiple cases against you brother and old parents. There is no threat of any immediate arrest of brother and parents but attending court itself is punishment. She can file 498A, Domestic Violence Act, 2005, Hindu Marriage Act, 1955. It is better if you settle the matter with her out of court and file divorce on mutual consent. Pay her up and come out of it save harassment to you parents and brother. You can file cases against her but that will trigger filing of cases against brother and your parents. From all angels it is better to settle.
Your brother can file false and fraud case plus your family can file Defamation case. And all false information provided to all your family members pre marriage ceremony.
If she had not stayed with your brother for one month then you people can produce all evidence of girls family members and their intentions in your father's property.
If your father's property is self owned then he can distribute as per his own wish , so you need not worry about her share or demand in parents property.
Your proposed harassment case is not maintainable because there is no provision in law to file any such case.
If they send the messages that are embarrassing you, then you may block their number and keep away from them.
You may block them from all social media including through telephone media.
Your brother can challenge her false cases properly in the trial proceedings.
Dear sir/ma'am,
Your marriage is voidable as per the Hindu Marriage Act, as it is a case of fraud. There has been concealment of facts from the girls side and this alone makes your case very stronger.
Also, note that whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment or fine. If you are able to prove that the wife has made false claims regarding the salary of your brother only to mislead the court, she can be punished.
You can file case for harassment under Section 66 of the IT act which prescribes Punishment for sending offensive messages through communication service as long as you are able to prove that those messages fall in this category and where intimidating in nature. Thank you
Try to amicably sort out the issue. A neutral lawyer can get this issue sorted out. Flaring up will not help anyone.
Regards
G.Rajaganapathy
High Court of Madras
- 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.
- 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 , if either of the parties enter into an marriage agreement after concealing true facts and concealed the same , then it is ground to declare the marriage as null and void.
- Hence, your brother can file a divorce case on the ground of cruelty and above mentioned grounds .
- Further, only claiming a huge amount from husband is not enough in the absence of proof of income.
- If you parents are senior citizen , then they can loge a compliant against her harassment under the provision of senior citizen act , and further your mother can also file a compliant under the provision of DV act. as well.
1. Insisting the husband to separate from his old parents has been considered as an act of cruelty by the Apex Court of India based on which divorce Suit can be filed on the ground of cruelty.
2. So, your brother can file the divorce suit on the ground of cruelty submitting evidence in support of his said allegation.
3. He shall have to collect evidence by audio/video recording those cruel statements of his wife which will be considered as digital evidence.
4. Your brother shall have to contest the cases filed against him.
