Hello,

1. As she has already filed petitions for divorce, DV Case and FIR under section 498A, you cannot make any claim of recovery against her in a Court.
2. However, you can present proof of such expenses against claims that she is making in  the matrimonial petitions and the DV case.
3. The best strategy is to be defensive here and defeat her claims of cruelty in the petition for divorce and likewise in the other petitions. Your major concern in all these would be to deal with the maintenance claims until cases are disposed, settled or decided by the Court.

She is legally wedded wife and husband spent money out of his own free will 

2) you cannot seek to recover the money 

3) your mother and other family members can file for quashing of 498A case and DV cases filed against them 

Law enacted for protection of women is being blatantly misused. Divorce  is civil right, there cannot be any compensation  or penalty for seeking divorce . But there is remedy for filing false criminal cases. Such case can be filed only after accused is honorably acquitted by Court. File a criminal complaint under Section 192 of Indian Penal Code, 1860 for intentionally  giving false evidence in judicial proceeding in 498A and DV cases. The procedure  is, you have to file an application  in the Court in which  such evidence is given under Section 340 of Criminal Procedure Code, 1973 making allegations of such false evidence against the party who made. It is  the judge of the Court who will forward your complaint to the police station having jurisdiction  for investigation and registration of  FIR. Perjury is dealt in India under Section 192. You can claim compensation for defamation from her. A criminal complaint can also be filed in the Court of Sessions for defamation.   

If you have given her money and you can prove that through documents and Witnesses then you can file recovery suit against her

If you have sufficient evidence against her for committing a fraud, you need to initiate criminal proceedings against her. There is no civil remedy, other than a divorce.

The money spent by your brother on her during vacations and other gifts cannot be recovered just because a dispute arose between them.

If she had resorted to false complaints and divorce, he can very well challenge them on merits and with the support of documentary evidences in his support.

If the situation is intolerable then he can very well not contest the divorce case, let she get exparte divorce so that he will get the relief of legally separated from her.

But the DV case can be challenged as per law.

You can file a petition seeking annulment of marriage on the grounds of her mental illness which was suppressed by her even though it is a material fact for marriage. 

However you should gather documentary evidences about her pre marriage illness and should express that you came into the knowledge of her mental illness recently because you can file a petition seeking annulment of marriage within one year from the date of such knowledge. 

You can file petition for anullment of marriage on grounds of fraud 

2) Such annulment petition has to be filed with in one year of the discovery of the fraud committed by the Respondent.

Please be guided by my earlier advice.

Annulment chances are good if you prove above things in court of law

- Since, your brother has married with her , then legally she is the legal wife of him 

- Further, if she has concealed about her psychiatric problems at the time  of marriage with your brother , then the marriage can be declared as null and invalid , however there should be proof for the same.

- Further, if he having proof that his consent was taken by fraud then the marriage can be declared null and void after filing a suit for declaration in the family court.

- Further, he can also file a petition before the High Court for quashing the FIR as well. 

Dear Client,

                  A need to reform the present discriminatory law was felt and the same was held by the Supreme Court in the case of Ms. Jordan Diengdeh vs S.S. Chopra (1985). The constitutional validity of Section 10 was challenged in the case of Mary Sonia Zachariah vs Union Of India And Ors. (1995), in which the Supreme Court asked the union to amend the law within six months.This gave a new law Section 10A, with the heading ‘dissolution of marriage by mutual consent’ which was introduced by the Indian Divorce (Amendment) Act, 2001. According to Section 10A(1), a petition for dissolution of marriage can be moved by both parties to the district court on the grounds:

• That both the parties were living separately for two or more years; 
• That they are unable to live together;
• That they have mutually agreed to dissolve their marriage. 

Sub-section 2 of this section says that if six months after the date of institution of proceedings and after the eighteen days of the said date, the petition is not withdrawn by the parties then the court should pass the decree of dissolution of marriage to be dissolved with effect from the date of the decree, after being satisfied by hearing both the parties that a marriage has been solemnized and that the averments in the petition are true.

Thanks & Regards