Dear Experts,
This comes directly from a sister's heart, who has witnessed her elder brother and my old mother going through worst phase of their life and unbearable mental trauma given by abusive and unfaithful SIL (Bhabi) who's having illicit relations with other person. She is now not staying with them, citing different silly exsuses. Brother lives in Mumbai and SIL maika is in Kolkata. I am married and living in Gujarat.
We heard that she has filed false complain in her hometown, on false grounds of dowry and mental harassment . Knowing that my brother is alone with my mom who is a patient , SIL and her parents are constantly blackmailing and threatening my brother for DV and money .
Expecting false 498a and DV i would request help of forum experts to suggest:
1. Can we apply for anticipatory bail for my brother and old mother , BEFORE any complain is REGISTERED against my brother and old mom? What is transit bail and whether we can apply, i heard from local advocate that for getting transit bail Complain no.is required , is it true?
2. Should we file divorce petition first ? If yes, should it be on Dissolution of marriage or Normal Divorce on grounds of cruelty ? (we have proof of willful hiding few facts before marriage by bhabi and her parents and she intentionally destroying proofs of her illicit relations) , she also regularily blackmailed my elder brother to keep shut or she'll commit suicide and that she has already written a suicide note blaming every1 in our family
I am very much worried for my innocent brother and old mother against the mean intentions of this treacherous lady and her greedy parents . The combined wisdom from forum experts would give us right directions.
