Brother's wife accusing married sister
Hi, I (female) got married in March last year and my brother married in April. Right from the day of his marriage there are tensions, these tensions initially had to do with ill treatment from my bhabhi's parents and later proceeded with her mis behaviour and her parents' interference in my earlier home. Initially my bhabhi used to tell me how conservative my parents are and requested me to interfere. I believed her completely and talked even fought with my parents asking them to be open and all. However gradually I got to see my parents view and realized that their only problem is her misbehaviour and stubborn nature. However, things never got better and she later accused me for interfering and guiding my parents. I felt hurt and started talking to my parents on a very low rate and never talked to my bhabhi. However, she still threatens my parents that she will file dowry case and domestic violence case against them and will also drag me into all this. the only suggestion i have given in this case to all four of them is that my brother and bhabhi should stay separately. I visit my home pretty less because she notes down the dates i dont know for what. I have been now suggested by many that i should not go to my home and should also stopped talking to my family over phone because being a blood relation i can directly be accused. Legally it looks fine but my question is- do I have any right as an individual (and a girl who just got married last year) to talk (and meet) to my parents ask for their well being or just live in this threat that one day she would do a case against my family and me. My mother is going under tremendous stress and asked them to leave but my brother being the only son do not wish to leave them and she certainly do not want to live with them. I don't know what should they do. Each of us have tried to talk to her but she can only see what she wants and no one else. it does not seem that she would be interested in mutual divorce but will create problem for all of us. Please help!!!
Asked in Family Law from Delhi, Delhi
You have the right to visit your paternal home unless the permission to do is revoked by your parents. It is a practice of wives to include as many members of husband's family as accused persons as she can. So it will be better for you to keep away from them. If a dowry case is filed against your parents or you then you can contest it on merits. Your brother is at liberty to file for divorce on the basis of cruelty.
1. In that situation your brother better should give one final try to salvage this marriage.
2. if in spite of getting separate from his parent the marriage does not work then there is no point carrying this dead wood further.
3. Then your brother must file contested divorce suit unless his wife agress for mutual divorce.
4. Do remember that cowering under threat of filing false criminal case would lead all of you no where and one point of time you have to raise voice and mark a protest.
1) the ideal solution is for your brother and sister in law should stay separate
2) they can take a rented flat and stay near yiur parents place
3) your brother should record all threats issued by his wife and install CCTVcamera in the house
4) you are at Liberty to visit your parents house
5) even if false 498A case is filed you and your parents would easily get anticipatory bail
You should arrange a meeting with her parents and also try to bring some independent person lh the meeting . Put her all threats before them and let them to decide future course of action. If your BHABHI fills any. case against you these independent person's evidence will help you to save from false cases. Don't file any case against her at this stage.
You are the daughter of that home, you have full rights to visit your parents home and talk to your parents.
You should not be frightened by your sister in law's threatening activities.
Do not be misguided by listening to the rumours of passers by because they may not be happy to see their neighbors living happily.
If your luges in legal terrorism i.e., by lodging false complaint against her husband and includes your name also in it, you cannot avoid it even if you are staying separately away from them without any contacts with them.
So dont worry about the consequences, you keep talking to your parents and visit their home whenever you find time.
As far as possible do not interfere in their matrimonial life.
Thank you for the reply. My bhabhi by now has called police thrice, yesterday they again had fight and she started biting my brother's hand and threw her own head on the wall and went to the police and said that he had beaten her. Neither police nor the doctor who did medical examination listen to my brother and family. Whenever I had gone home she created a scene and now in police station she said i also go and fight with her. Till now, in the last 16 months i have had slight argument with her twice, that too because there was a quarrel between her and parents. Perhaps she recorded that, I have no idea of that. She has given a full 5 page complaint against my family and i am sure she mentioned my name in that. But we have no idea of what she wrote in there. In the end she wrote a 'rajinama' saying i would give one last chance and police forced my brother to write that she will take care of her. They are told by police to live separately now. Right now she is at her parents home. We have installed cctv camera in home but not in her room and whenever she fights she does not come in front of the camera. I want to know if I (individually for myself) and my family should do anything legally to save ourselves for future wrong accuses.I visit my home for maximum one day in 1-3 months. Talk once in 4-5 days, that too not very long. Please help, my family is very scared at this moment.
Asked 9 months ago
I had advised you earlier that yiur brother should stay separate with his wife
2) it would insulate your parents tu some extent in case wife files false case
3) in addition if flat is owned by your parents they should obtain an injunction restraining son and DIL from disturbing their possession of the house
Firstly you should shed the fears, because fear is the aspect which is the main cause for all these troubles.
Stand up and face her, she will run away.
If she keeps on repeating such high handed dramas agaisnt you people, one of you or all of you should lodge a complaint agaisnt her for causing mental harassment as well as for threatening with false case frequently in the name of dowry harassments etc
In the extremes, your parents should take anticipatory bail and make her to roam around ll the courts which can be challenged properly as and when there is a hearing in any court.