I'm seeking a legal advice against the wife of my younger brother. I'm a men living in Shimla. My younger brother with his wife, my parents and me with my wife and daughter lives in a joint family. My younger brother has got married before me. My sister in law started torturing us after marriage. She always goes to her home after fighting with my family and brother. She has gone to women cell many times against my mother for no reason. She tortures to my wife. She abuses me and my wife frequently for no reason. I think she is jealous of me and my wife. Or she is doing this so we start living separate after getting fed off her torture. She always starts a fight with her husband and takes us in flight and abuse us for no reason. She has recently said That I have raped her. It is a false allegation. After this allegation. I am feeling mentally disturbed. I have shooted a video clip of her in which she is abusing everyone, physically torturing to my mother and saying that I have raped her. Her parents support her and her parents also abuse us. I don't know what legal action I can take against her to stop all this. I went to police station and showed the clip, but police said it is your domestic matter. So I got helpless, please tell me what legal action I can take stop her doing all this.
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1. Ask your mother to file a domestic violence case against her.
2. Ask your wife to file a case of assault , verbal abuse and criminal intimidation against her.
3. Ask your brother to get separate till she comes to terms.
4. If this teaches her a lesson then you are lucky. otherwise you have to be prepared for longer battle. There is not other option.
By mistake, i have mentioned sister in Law. She is the wife of my brother. Can my wife file a case to her for domestic violence
Your wife can very well file a domestic violence case against her. You also can lodge a complaint against her for her continuous mental tortures by making false allegations and behaving violently with you and your family members.
1) if the house in which your brother wife is staying belongs to your parents they can obtain an injunction restraining your brother wife from entering the house and disturbing their peaceful possession
2) your mother can also file domestic violence case against her daughter in law for her abuisve behaviour and seek a protection order against her
3) your brother should shift to rented accommodation away from his parents and you
4) it would insulate you to some extent from any 498A case filed by her
5) your brother can file for divorce on grounds of mental cruelty if situation does not improve
Yes, she can.
1. Your brother can file for divorce on the ground of cruelty.
2. Your wife and mother can file a case for domestic violence against her to seek a protection order. If the protection order is violated by her then she can be jailed.
3. The owner of the house can evict her from the property by filing a lawsuit for eviction against her.
1) If my wife/mother would seek protection order, is my brother's wife eligible to file a case of dowry under 498A. She can file a false case in anger. I have one footage of her violence as proof. 2) Can we show that proof/ Video in court when my brother would file a divorce case? What are the chances to get the divorce on that ground. 3) How can I lodge a complaint against her as said by Mr. T Kalaiselvan
1) your SIL is at liberty to file 498A case irrespective whether your mother / wife files case of DV or not
2)video recordings are admissible in evidence . it has to be proved it has not been tampered with
3) you have to prove allegations of mental cruelty
1) If my wife/mother would seek protection order, is my brother's wife eligible to file a case of dowry under 498A. She can file a false case in anger. I have one footage of her violence as proof.
Just like how your wife and mother have rights to file a protection case under DV, she too has a right tfile any case against you people, you cannot stop her from doing so.
2) Can we show that proof/ Video in court when my brother would file a divorce case? What are the chances to get the divorce on that ground.
The evidence of video footage may not be a primary evidence but in the absence of any other proof, it may be corroborated as evidence.
3) How can I lodge a complaint against her as said by Mr. T Kalaiselvan
You can ask the affected person, your mother or wife or both combinedly lodge a complaint with the local police mentioning her torturous activities including hurling abuses in filthy languages and physically assaulting etc seeking legal action for the offences/crimes she commits towards them with the narration mentioning the dates and time of events
1. Your mother and wife can file a DV case against her being supported by the evidence you have already collected,
2. If the house is in the name of your father, he can ask your brother to leave the house and stay elsewhere with his family,
3. Alternatively when your sister in law goes to her father's house, your brother can shift to anther place and your father can refuse her the permission to enter in to his house,
4. Once she is separated from you, 90% of your problem will be over.
Wife of your brother is also called your sister in law.
1.Yea, she can lodge a 498A complaint for which you shall have to take AB. 498A complaint is no more hat effective now a days since police has been directed by the Supreme Court not to make any arrest against 498A complaint without conducting any investigation. If filed, you shall have to contest the 498A case fittingly with evidence,
2. You can submit the said evidence before the Court. The chances to win depends on how she will contest,
3. You can send a complaint by speed post to your local police station under copy to the S.P. seeking immediate action.
If she files a false case then the accused should seek anticipatory bail and then contest the case on merits. Video recordings can be used as evidence in the court.