Guest
(Querist) 21 May 2014
This query is : Resolved
Dear Experts My brother's wife had left him for 4 yrs and came back through court one year back.He is in Army. Brother was not agree to call/take her back because of her cruelty (she put many allegations on him like he beats me, abuse and many more)but at last our lawyer also turned and made pressure on him for compromise and take her back. Also the judge pressurise him to take her back, but he always refused that I Can live with her she is very cruel and can do any thing and put me behind the bars.But finally by pressurising him they agreed him and send her back. She also confessed I will change my self and live with him. 3-4 months every thing gone well but after her real color started to come out and the same things starts repeating. Last week she quarrelled with brother for money, brother said I will give money you required in morning, how can I arrange in night. She made this dispute bigger and hit her head with wall 3-4 time and injured her self and shouted he beated her and called the police.But fortunately there was retired police inspector in our village handled the situation and not let my brother to arrest.
Sir, we are in this situation please guide us how can we save our self.
My brother is a COW (Wo gaye hai,)please advise how we can save him and our family from this cruel & cleaver lady.
Devajyoti Barman
(Expert) 21 May 2014
If your brother does not become a man and take steps to save his pride, you can do nothing. He should lodge complaint in the local PS about assault by his wife.
If you stay separate then try to avoid visiting your brother as long as his wife stays there.
498A case is a possibility. However if your place of residence is separate, then you should not get hurdle to get obtain bail.
ajay sethi
(Expert) 21 May 2014
1) your brother should file for divorce .
2) in the event his wife files any 498A / DV case contest it on merits .
3) he can get AB in case wife files 498A case .
4) record his wife telephonic conversations if necessary wherein she abuses her husband
Guest
(Querist) 21 May 2014
Thank you for your advise. My mother and father stayed there. Yesterday our panchayat separated them and gave a room and kitchen. We are four brothers and go home on vacations/holidays. Sir, I have some more questions in my mind. Can court force my brother to stay with her if he do want to stay with her? We are ready to pay her alimony whatever as per the law.
Devajyoti Barman
(Expert) 21 May 2014
No court can compel a spouse to stay with another against his wish.
Rajendra K Goyal
(Expert) 21 May 2014
Court can not force anybody to stay with another against his wish.
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