Threat regarding dowry case or suicide
My brother is married to a girl since 3 and half years, they have a 8 month baby now. She seems very mentally unstable like very doubtful of others behaviors, paranoia. She nags my brother a lot on petty matters. My brother is going through lot of emotional disturbances. I am afraid she might sue a dowry case against my parents or worse commit suicide. I am very worried what might happen if she actually does it. She resists going to a councellor. Please advice
Asked 2 years ago in Family Law from Chennai, Tamil Nadu
1) you need to consult a psychiatrist .
2) your sister in law needs treatment for her mental illness
3) if she threatens to commit suicide lodge police complaint in this regard . mention that she is suffering from mental illness and refuses to undergo treatment
4)if she files false dowry case obtain Anticipatory bail from sessions court
immediately file an information cum complaint against her before National Commission for Women, state commission for women, police authority and Honorable Chief Justice of High court, regarding the apprehension of falsely implicated by her, in which you have to mention all her atrocities regarding your brother and another family members.
try to settle the matter amicably with her with the interference of her parents and other relatives.
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Advocate, New Delhi
Hi, She may lodge a police complaint under section 498/a or Section 3 & 4 of Dowry prohibition act but as per latest Supreme Court ruling the police will not arrest your brother immediately as the police will have to verify the genuineness of the complaint and thereafter they have to issue notice to your brother so you have a sufficient time to approach court for anticipatory bail.
2, It is better your brother and your sister-in-law to approach marriage counselor to settle the matter amicably.
1. If she files a dowry harassment complaint against your brother and his family members then all of them should immediately seek anticipatory bail from the court to preempt their arrest. The court will give them a fair opportunity to contest the case in defence.
2. Your brother is also at liberty to file for divorce on the ground of mental cruelty.
It is for your brother to decide whether to continue the marital relationship or to go for divorce. But divorce at this stage is not advisable especially the kid is just 8 months old. Take her to counselor, if she is adamant about not visiting one, he may stay away from her by applying a case for judicial separation, wich in the long run may make thing alright for a solution either way.
It is suggested to give a detaile application of the events that has happened between your brother and his wife to the nearest police station and do mention the fear that she might commit suicide or file a false 498A case, she being mentally unstable . This might come handy IF she files a 498A. In the application request for calling her over for counselling.