- Why didn't your brother lodge a police complaint whence he was physically assaulted? He should have.
- Your brother needs proper consultation session with legal counsel to advice on further legal remedies and options. I understand you guys are in Navimumbai. I'm based in Mumbai /Navimumbai and more than willing to extend my expert legal assistance ie consultation and litigation..
- So do encourage your brother to visit me for such legal consultation.
- ९८२०८९७८८४ (nine eight two zero eight nine seven eight eight four)
Physical and mental assault on husband and his elderly parents by wife and her family
We are a simple middle-class family, raised with simple and traditional values. Approximately 10 months ago, my brother got married to this girl whose family seemed very nice and accommodating initially and we had no reason to suspect any issues. Within one month of marriage his wife started picking up unnecessary fights and getting abusive towards my brother, we were so in shock that we could not even understand what is happening. we have house help in our home from a very long time as my parents are old and have health issues. So my brother’s wife never had to do any type of housework whatsoever. His wife would throw household items, she took off her magalasutra(sacred wedding thread) and threw in my brothers face and physically assaulted by causing harm to his neck, face and hand. The injury to his hand and veins was so severe that he felt burning sensation for next 4-5 months. My brother not knowing what to do, when tries to leave the room she threatens to call her father who in turn says that he will put false dowry and harassment case against my brother and my parents, if we say anything about it. There is constant demand of money, jewelry and expensive trips from her. Her father threatens to bring 10-12 men to our house and humiliate us publicly. We recently found out that the girl was engaged to some other guy prior to marrying my brother which was called off due to similar behavior. I am afraid for mother (age 59) and father (age 72), and due to such extent of torture my mother has started showing signs of brain hemorrhage and my father was almost hospitalized due to increased stress. I am afraid that she will physically assault my parents, in our absence. My parents have struggled their entire life and sacrificed so much to gives us good education and good life. My brother’s wife and her family say’s that they will make my brother and my parents rot in jail under false charges and nobody will be able to do anything. I don’t know how much more we will be able to take. we are afraid, tired and feel absolutely helpless. We don't know what legal solution is best to protect us from any harm now or in near future.
Asked 8 months ago in Family Law
Religion: Hindu
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11 Answers
I presume your parents are owners of house 2) file an application before senior citizen tribunal seek orders to direct daughter in law to vacate portion of house in her possession
2) your brother should file for divorce on grounds of mental cruelty
3) rely upon audio recordings ,police complaints filed to prove allegations against f mental cruelty
4) if false divorce case is filed apply for and obtain Anticipatory bail from sessions court
She can be prosecuted under senior citizens Act as well as DV Act for the offences committed by her
It is better to get separated from your brother and his wife.
If this is not possible then lodge complaint with Police about the atrocities done by this wife.
Your parents can file case before the Senior Citizens Tribunal to get your brother evicted from this house if the same belongs to your parents.
You can shift your parents from that house and keep them safely for now.
Your mother can then file a DV case against her seeking protection.
If this belongs to your parents they can issue a legal notice to evict her from the house.
After one year your brother can file a divorce case on the grounds of cruelty.
If they file any false criminal case, you can obtain anticipatory bail and then challenge the false case on merits.
Dear Querist,
Being a senior citizen, your father may approach the senior Citizen Tribunal/ District Magistrate of the area where he is situated and file a complaint against her and claim protection under the Welfare of the senior citizen act. She can be restrained by the court of DM/Tribuanl.
Your mother may also file a criminal complaint against her before the magistrate court under section 12 of the Protection of Women From Domestic Violence Act, 2005 and claim protection and residence order by evicting her from the house of your parents.
Both the above noted proceedings will safeguard your parents from the evil hand of your brother's wife.
Feel free to Call
Laws are equal for all. Don't get afraid of any complaint she might file. File a complaint with police narrating the incidents from the beginning. You will get justice.
Don't worry about detention in Jail. For all those offences where punishment is less than 7 years if proved, there is no threat of arrest. So even if she makes any false complaint you will not be arrested. Police will investigate the truth.
For other remedies you can approach family court
advise for your brother:
1. ask him to settle the matter amicably with his wife and start afresh,
2. if not possible, ask him to try to settle the matter amicably with his wife and approach for the mutual consent divorce,
3. in case, the matter didn't settled amicably despite honest effort, then you brother can file a case of divorce against his wife on the basis of cruelty,
4. however, FYI once he filed the divorce case, his wife will surely go for filing 498a/406/506/323 etc complaint, police case, domestic violence case, etc.be ready to face them.
1. Try to video/audio record all her such tantrums without her knowledge. It is not difficult at all. Spy cameras are easily available in the market.
2. Thereafter find out the reason why is she acting in such a manner. Does she has mental ailment? If so diagnosed, get her treated first.
3. If mental ailment is detected medically, avail a prescription and thereafter your brother should file a petition praying for an order annulling his marriage on the ground that his consent for marriage was availed by suppressing the vital fact that she has mental ailment and had it been made known to him, he would not have given his consent for marrying her.
4. Even if she is considered as mentally fit, your brother can lodge a police complaint first against herself and her parents and thereafter file a divorce suit on the ground of cruelty.
5. Any complaint filed by her against your brother and his family members after he filed the divorce suit will be considered as a retaliatory measure having minimum affect.
Dear client, I am sorry to hear that but in this case you can go ahead and file an FIR before your nearby police station under Section 351. Or you can also file a case to your magistrates.
- Your father being the senior citizen can file a complaint under the Senior citizens Act against her harassment and to vacate her from his property
- Further, your brother can also file a complaint as information to the police and higher official for his safety after giving all the details and her threatening for implicating him and his family members in false cases.
- Further, he can also file divorce case on the ground of cruelty before the family court.
- You can even file a complaint on behalf of your mother , if she is not capable , under the provision of DV Act for her harassment.
