• 498A act case

My brother completed one year of his marriage on 2nd april 2016 my brother and sister in law also blessed with a baby boy two months back. They lives with my parents in my parents own house. My sister in law left my home after 1 month of baby born and went to her mothers home because my mother was asking her to wipe the baby properly after babys bath .my brother asked her the reason what happen she refuses to talk. Next day my dad went to her home and requested her father to talk, then he also refuses to talk. My father come to home in 10 min.  Then my Sister in law come to my home with anger and and said she will go to police station and make my family to be in prison. My family trying to stop her but she was uncontrolled. Then my sister in law with her family went to police station and complaint about my family.
Police called my family. after asking what happen they said that my sister in law complaint that my father mother brother asking her for dowry and they also beaten her. But this have not happen in any means. Sister in law withdrawn her complaint and both family come back to home respectively. Now she is at her mothers home wirh baby . She is now apologizing for her mistakes and asking to return to home . But now my family is feared that what next she is going to do. We are not understanding what to do everyone is tensed and stressed. She is apologising again and again to my brother on phone not personaly. My brother is getting stressed with her behaviour. Please tell me what steps should be taken.
Asked 2 years ago in Family Law from Nagpur, Maharashtra
Religion: Buddhist
1) your brother should stay separate3ly with his wife in rented house 

2) under no circumstances should he stay with his parents 

3) take letter from DIL that no demands for dowry were made before or at time of marriage or after marriage 

4) install CCTV cameras in the house 

5) record all threats   received from DIL
Ajay Sethi
Advocate, Mumbai
46891 Answers
2772 Consultations

5.0 on 5.0

Let her return to her matrimonial home. She has an indefeasible right to reside in her matrimonial home during the subsistence of her marriage. If she subsequently files false cases against her husband and his family members then apply for anticipatory bail and then contest the case on merits.
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

you should get a apology letter from her that complaint was filed by misunderstanding. and she wants to live with her husband and do respect my mother in law. 

this letter is her admission that whole act was done by ill will and without having good faith. 

you should accept her after furnishing that letter.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

The reported police complaint by her was out of fit of anger without considering the consequences involved in it.
At Least her parents should have convinced her but they supported her taking her to police station instead. 
Actually her parents are to be blamed for her unruly and provocative behavior because it must be due to their instigation that she went upto police station.
Now she has realised her mistake and regretting for it and also pleading to take her back.  To err and forgive is human.
Your brother should be adamant now.
He should think of the opportunity being given to save his marriage.
In my opinion your brother and your family members should apologise her now and take her back with an assurance from her (orally) to not to indulge in sch activities in future and save sacred institution of marriage atleast for the sake of the infant and innocent child..
T Kalaiselvan
Advocate, Vellore
37091 Answers
403 Consultations

5.0 on 5.0

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