• Harassment by my younger brother and his wife and in-laws

Sir,
I am a defence personnel.I am living with my family in Delhi (Palam).Since marriage of my younger brother (29 May 14),constant arguments on vogue topics with my old aged mother-father and with my wife is going on by my younger brother,his wife and their in laws.Now a days the matter become sensitive and bitterness increased.Also my father and my self filled an inflammatory petition to CJM Court Chapra(Bihar) on 17 Oct 15 and on 14 Dec 15 respectively.My father send him a legal notice (the house is on my mother's name) to vacate the house and to to their paternal house in his respective part to live peacefully on 26 Feb 16 through his lawyer.But my younger brother done fighting with his wife on 06 Mar 16 with my parents.On 08 Mar 16 younger brother committed suicide to take poison,so that,the blame could go on our family head.But in front of police he accepted that due to fault he has drunk poison.My self with my family was in delhi that time .In this summer vacation,on 25 May 16 his wife abuses my wife in a dirty way(audio recording saved) in front of my mother,sister and kids and called local police in a fake allegation of SIM theft.They also threatened us to send my whole family behind the bar in Dowry/ Domestic violence/and in any fake cases which is out of imagination otherwise the whole property should be registered on my younger brother's wife name. She is rigid to do so.Recently My younger brother simply sent a letter to my office alleging that my self,my wife has snatched his wife jewelry and have done fighting with his wife in Feb 16.Police and villagers (my family side and younger brother family side)tried to solve this on 24 Jun 16 and prepare a understanding letter.I signed on that letter along with all persons.But she with her husband not signed yet on that letter.They are rigid to file a case on dowry and on domestic violence. What should my parents and I to do ? I am a defence personnel and keeping my family with me.My parents are residing in newly built home at village.Since my service I helped my parents economically and set my brother as a constable in BSF. After 'N' times of fake allegations we are living in a feared environment.We have forgot to live with dignity.We Please guide us.
Asked 5 months ago in Family Law from Saran Bihar, Delhi
Religion: Hindu
1) your father should move court and obtain order to direct son and daughter in law to vacate portion of house in their possession .

2) also obtain permanent injunction restraining son and DIL from disturbing their vacant possession of the house 

3) in case any false dowry case is filed obtain Anticipatory bail 

4) your parents as senior citizen can also move senior citizen tribunal against son  and seek maintenance of Rs 10,000 a month 

5) refuse to bow down to blackmail tactics

6) dont transfer property in name of DIL 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1) issue legal notice  to your brother to with draw false and defamatory statements made within period of 7 days of receipt of notice 

2) if brother fails to with draw allegations file criminal complaint of defamation 

3) in addition you can also file suit for damages 

4) audio clips are admissible in evidence . you have  to prepare transcripts of conversation and submit it in court
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
I signed on that letter along with all persons.But she with her husband not signed yet on that letter.They are rigid to file a case on dowry and on domestic violence. What should my parents and I to do ? I am a defence personnel and keeping my family with me.My parents are residing in newly built home at village.Since my service I helped my parents economically and set my brother as a constable in BSF. After 'N' times of fake allegations we are living in a feared environment.We have forgot to live with dignity.We Please guide us.

Generally the wife used to allege husband and his close relatives on this dowry harassment case but it is a different case here that the husband has not been included on the false case.
Well nothing to fear about this.
If she files a false case then first all of the accused should first take anticipatory bail and then challenge her false cases properly 
If need be , you may even file quash petition before high court.
Your mother can send a notice or file eviction suit to evict them from her property.
Take the help of a good local lawyer on all such further issues. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
Should I file 'Man-Hani' case on my younger brother and his wife on the basis of their letter,which he has sent to my defence office or, first I gave him a legal notice to clear their allegation and then file a case

You can send a notice under laws of defamation in this regard and seek his explanation as well as compensation. After getting a reply you may decide about further proceeding on it.






The audio clip which has proof that how dirty my younger brother's wife abuses my wife , will be valid in court 

These are not admissible evidence in court.







May my job is in danger due to such fake dowry/domestic violence allegation because they have not a single valid proof except their oral complain which may take form of written in front of police?

This would not hamper your employment. However it would better that you obtain anticipatory bail.





 How can I save my self ,my job and my family from such fake and dirty allegation from my younger brother and his wife side.

Challenge and properly defend yourselves based on the evidences and merits in your side before the trial court.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
1. If criminal case is filed against you and your parents then all of you should apply for and obtain anticipatory bail lest you suffer arrest and detention.

2. The audio recording can be led in evidence in the court.

3. You are free to file a criminal case for defamation against them if you have evidence to prove the falsity of the allegations.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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