• My brother is seeking divorce

Dear concerned.
This is regarding my elder brother. He works in a govt bank and is married for last 6 yrs to my sis in law. My sis in law is a vulgur lady with many other problems. They have frequent fights. She has a habit of doubting my brother with every other women n ofc collegues. She verbally abuses my brother and my parents. Recently out of frustration my brother thought about getting a divorce. She some how came to kno about it. And now she has threathened us that she will get my brother arrested under section 498a. She is saying that we have taken dowry from her. During their wedding her parents have given their bed a wooden almirah a sofa set, all my themselves, we havent asked for anything. Claimed that my brother has physically verbally and sexually abused her. On jan 5th they last had physical relation whereas her mother claims that they hav this fight for more than 6 months and she was raped repeatedly without her consent. She also claimed that for last 6 yrs we have demanded money from her and now when they are asking it back we are filing for divorce. She and her mother has threathened each and evry member of our family. She is a selfish lady and has beaten my mother also in absense of us. We want to get rid of her. But we kno this will difficult. Kindly help. How can we save him now.
Asked 9 months ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1. Do not get worried about 498A case the misuse of which is not unknown to even courts.
2. Ask your brother to file suit for divorce in the local court.
3. In retaliation she may file 498A case but once you all get bail which you will surely get there would  be nothing left in the case.
4. Before filing divorce suit it would not be unwise to seek her consent for amicable settlement by way of mutual divorce.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
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If he wishes to get rid of her then he has to file for divorce on the ground of cruelty. If she hits back by filing criminal cases then he should seek anticipatory bail to preempt his arrest and then contest the case on merits.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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1) your brother should record threats given by his wife 

2) install CCTV cameras in the living room of the house 

3) prepare list of gifts received at time of marriage and return the same 

4) no case of rape is made out as law does not recognise martial rape 

5) if false 498A case is filed obtain AB from sessions court

6) file for divorce on grounds of mental cruelty 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
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1. No. getting rid of her is not difficult provided you can establish your allegation with supportive evidence that she has been acting cruelly with all of you for long,

2. Collect the said evidence by audio/video recording her conversations particularly her abuses and threats of filing false complaints u/s 498A of IPC,

3.  Do not worry about any arrest since as per last Supreme Court order, police has been directed not to make any arrest against any 498A complaint without conducting an investigation,

4. Is your brother staying with his parents in the same house? In whose name the title of the house stands?

5. If the title of the house stands in the name of your parents then ask your brother to separate himself from his parents and take up a rented house showing some reason to his wife like transfer,

6. Otherwise, your SIL will not leave your parents house and keep on creating nuisance for your parents,

7. Once your brother takes up a rented house and moves out with your SIL, let not your parents allow her to enter their house ever as a precaution. Once she enters the house, she won't leave it,

8. After taking up the rented house, your brother can file a divorce petition on the ground of cruelty and before that he should lodge a complaint against his wife for her cruel acts,

9. Your brother should be prepared to pay maintenance for her since once the divorce suit is filed, she will file a petition u/s24 of HMA, claiming interim maintenance which may go up to an amount in between 1/5th  to 1/3rd of his monhly net income,

10. As a long drawn litigation policy, your brother should book a flat and pay for the EMIs for which his monthl income will be reduced accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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Do not be frightened or scared about her threats nor about the threats posed by her mother.  Your mother and brother can file a criminal complaint against them for intimidation even before they rush with dowry demand case.  Let she file a complaint with the police under section 498a or even DV case. She has to prove the allegations in the court.  If she files a criminal complaint with the police under section 498a and dowry prohibition act, your brother and mother should first obtain anticipatory bail and then challenge her case in the court. 
Your brother can file a divorce case on the grounds of mental and physical cruelty. Discuss with a local lawyer and proceed as per his/her advise.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
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