Wife mentally harassing brother and family
My brother got married on 15 January 2016, and after two weeks she went back to her home as per the custom.he went to drop her home first time they asked to starting staying them and leave his family..After one month she came back and on little little things she started shouting,fighting and said foul laguauges aganist him and said that we are making her do a lot of work like a maid,tried to insult her..from that day onwards her family started creating mental pressure on my brother and my mother..they gave thread that they will file a false dowry case (never asked any single peny have a proof as they gave statement for what they have given to us by their own) or foul statement aganist us (have audio recording for this)...Second time she again went back to her home as her father was not well and came after some time..she was not involving with family..She hardly stayed at home for a month after marriage.Third time on April 24 or 26th she returned to her home with same reason as mentioned in second and started staying overthere and then gave the news that she is pregnant.Once,She was not well so my brother went to see her at her home overthere she said that my mother want to kill her and she will not come home and threatened him to talk to her Uncle(Lawyer at Haryana Punjab High Court)..without any issue she threatened him and mother again and again..this is creating a mental presssure on all of us..She did not returned home for three months..and insulted my whole family by attempting false statement...then her father called and said to take her back but due to scariness of the threatening we tried to stay away from them as per the law Females case is given much preference.Again few days later, in the month of July, her father contacted my bade papa..decided to meet for resolving the issue and got more than five people (One meditator,her chacha,chachi,dada and dadi) to their home and we also wanted to resolve the problem but there also they (daughter in law family) did not spoke about the actual problem and blamed my mother and brother by putting false statement said by the daughter in law..They were contionusly putting pressure on us and said wrong words and disprespected my whole family... it was a pure mental harrasement on us..after a huge fight it was decided that she will come back without any condition, she will do all household work (which she was not doing previously mentioned above) and her family will not interfere.We decided to get her back after Rakhi Festival..Brother did not knew that they insulted the entire family so he objected to get her back as they said wrong things about us....again they called my bade papa for taking her..so by family pressure my father got her back respectfully to home on 9th September 2016 and next day at night my brother found that she is carrying some black magic material (photos avaiable) at my home without mother n brother knowledge..for clearance we called at her home so they stated by saying "we have given that for her and child safety"..but actually it was got for killing us...as we have installed cameras at home, brother found that she was mixing that material in water which is very very dangerous for my family (video recording avaiable) and other recording where she is saying that she has got for us and stated wrong statement to mother which made her ill and brother as well.She was not able to work properly due to mental pressure given by them..had severe headache..This unscrupulous material in our home becomes difficult to believe her and my whole family is scared she will harm us and the child in the womb.She might kill the child inside by doing black magic on her and blamed us for the same by filing a case aganist us as they keep on saying..My brother is facing a very huge mental pressure.As the conversation with her family, next day we got to know that her father is hospitalized so Mother,younger son, daughter in law,My sister in law and brother in law went to see her father in the hospital (brother did not got leave from office)..but overthere they made her stayed back again...and again threatened to file a false cases aganist my son or me like section 499A,..my brother is already depressed by these activities and said that he will kill himself..this is the fourth time.I am very scared that she can harm my family member and After the whole incident now we have a surity that she is doing this black magic by staying there or coming back home which a threatening to me and my family life..We have all audio recording and necessary video recording where it clearly mentions that the other side is trying to mentally harasse us and make our life in risk.We had made a complaint through a letter where all the things are mentioned.But today evening her (daughter in law ) mother and brother came and started creating issue.My brotehr well is not well.They have warned that "apne bete ko samjaha lo otherwise decision lena padhe"..please help us how to get rid from this..and how can brother divorce her..We are very tensed..My father retirement is on 31st octobber 2016 (next month) and if they file some foul case my father pension and job would be in risk..please tell how to deal with it.We are very tensed.please help
Asked in Family Law from Delhi, Delhi
1) yiur brother should stay in separate house with his wife
2) this will insulate parents to some extent in case false case of dowry harassment is filed and help them obtain AB
3) further DV case woukd not be maintainable against parents
4) if any false case is filed under section 498A obtain AB
5) audio and video recordings are admissible in evidence
Unfortunately these types of cases of repeating. that is the reason recently the Honorable Supreme Court observed and given clear cut findings with regard to falsification of cases in Arnesh Kumar V. State of Bihar case. No need to panic. The version of you's brother's wife is nothing but blackmail. The law permits a married woman to file dowry and domestic violence cases against her husband and his family members. Your brother has to face her cases can easily disprove cases since you are having a evidence including recordings, video recordings extra. There are no precautionary measures to prevent dowry and domestic violence cases. Your brother can seek for counseling, in counselling there are chances of changing her mind set. Nothing will effect on your father's retirement scheduled on 31 October 2016.
This is indeed a tricky situation u our brothers wife is pregnant and is threatening you of false cases. However the false cases will not have effect on your father's retirement or his pension but even then if you want- let it be the the way it is till October end
As the marriage had not completed a year and his wife is pregnant as well it is suggested that for the time being file a police complaint against your wife and her family stating that she is threatening your brother and family .....DON'T give any original video or audio to police ....just give them copies ......to the police give a detailed complaint mentioning your issues.
It is suggested to consult a lawyer and then file complaint.
Best of luck......
1. Under the Hindu law a divorce petition cannot be filed before a year from the date of marriage, so your brother has to wait till 15th January 2017.
2. Since you have audio and video recordings to substantiate your allegations you seem to have good prospects of success in the court.
3. If 498A is filed then apply for and obtain anticipatory bail to contest the case on merits thereafter.
Since the marriage is less than a year, your brother has to wait for completion of one year to initiate any legal action for divorce.
No doubt petty and trivial issues got blown out of proportion and has reached to an insoluble state.
The passage of time may bring some respite or even solution to the burning crisis.
Your brother shall remain calm and patience without initiating any further action for next few months, wait and watch the developments.
If she is still arrogantly adamant even after the waiting period, he may decide to move legally against her.