Dear,
Your concern for your sister-in-law's legal rights and your mother's safety is valid and deserves careful handling. Here’s a structured plan to address the situation:
1. File a Police Complaint for Threats
- Your elder brother’s threats to your mother constitute a criminal offence under Section 506 of the Indian Penal Code (IPC) (criminal intimidation).
- Lodge a police complaint against him, clearly detailing the threats and requesting protection for your mother.
2. Illegal Remarriage Without Divorce
- Under Section 494 of the IPC, marrying again during the subsistence of a valid marriage is an offence (bigamy). You or your sister-in-law can file a complaint with the police or a magistrate regarding this illegal act.
- If proven, your brother may face imprisonment and/or a fine.
3. Sister-in-Law’s Legal Remedies
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Maintenance: Your sister-in-law can claim maintenance under Section 125 of the CrPC or under personal laws applicable to her.
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Domestic Violence Act: She can file a complaint under the Protection of Women from Domestic Violence Act, 2005, to seek protection, residence, and financial relief.
4. Safety of Your Mother
- While filing the complaint for bigamy or threats, emphasize the need for police protection for your mother.
- Avoid involving your mother directly in legal proceedings unless absolutely necessary, to shield her from stress and retaliation.
5. Counseling and Mediation
- If possible, consider involving elders, family mediators, or counselors to address the underlying issues and de-escalate tensions, ensuring everyone’s safety and rights.
6. Documentation and Evidence
- Collect and preserve evidence of your brother’s threats (messages, calls, witnesses).
- Gather proof of the first marriage (marriage certificate, photos) and the second marriage (wedding photos, invitations) to substantiate the bigamy complaint.
If you require assistance in drafting the complaint or further legal representation, feel free to contact me. Protecting your mother’s safety while ensuring justice for your sister-in-law is achievable with careful legal steps.
Warm regards,
Advocate Aman Verma
Legal Corridor