Divorce case of my brother-in-law
This is regarding divorce case between my brother-in-law (wife's brother) and his wife. His wife had left her husband's home after a fight. Her belongings were handed in Police Station and a diary entry was made. The couple have a baby boy which was left in father's custody. The girl and her family have been staying in Delhi for 8 years although their ancestral home is in Haryana. She is working as an adhoc lecturer in Delhi University.
After 22 months, the girl's family filed a FIR in Haryana (ancestral home) under sections 406/498 for harassment. The names of my brother-in-law, father-in-law and mother-in-law was mentioned in FIR. No other family member or relative was mentioned in FIR. Subsequently, the boy was arrested and granted bail after 5 days. During these 5 days, the girl's family came and took all her belongings. This case is now sub-judice in Haryana itself.
Now after, 10 months of first case (FIR), the girl's family have filed another case under section 12: Protection of Women from Domestice Violence Act. In this case, she has alleged that her in-laws used to harass her and after going away from their home, she has to bear high financial expense for herself. In essence, she has asked for regular maintenance. What has changed for me is that my name has been added in the list of respondents. There is just one paragraph for me that I used to visit my in-laws frequently and instigated them to harass their son's wife.
I would like to have the following advice:
- Is it possible for any girl to include her husband's brother-in-law (sister's husband) in a harassment/maintenance case. My name was not there in the original case (FIR).
- Is it possible to get myself removed from list of respondents while the case continues between my in-laws and their daughter-in-law
- Can I get exemption from personal appearance in court (Haryana) as I stay in Delhi.
- What should be further course of action for me.