Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Atul Vaish   05 April 2022

Case of cheating against my elder brother second wife and her her two brothers

Hello 

We are three brothers and all are married and have kids . My elder brother's wife dies in 26 due to medical reasons . They have two kids (14 years old girl and 8 years boy) . My elder brother did second marriage  in 2017 with a lady having a 7 years old daughter (her husband also died before due to medical reasons) . This marriage was kind of compromise whether they promised not to produce any further child as they have  total 3 kids  and finance is constraint here . Now  my this sister in law somewhere started talking about having 4th baby and torchering my mother .in that context, the condition in my this brother family became very tensed and recently on 10rh March , she hurt my mother and brother with the help of her two brothers .in this process , one of the brother used hammer kept in my home and hit on my mother head ,she got bleeding and sttiches. We have filed am FIR  against my bhabhi and her two brothers.now as this case happens in Gorakhpur where my brother and his family leaves with my mother while I leave in Bangalore, but due to this incident I came here and investigated about the real motives .I find that this second marriage is kind of cheating done against my mother and brother just to capture my brother's property and finances. Can I file a case of cheating against my bhabhi and her brothers amd proceed for a divorce between my brother and his wife ? 



Learning

 6 Replies

Shubham Bhardwaj (Advocate)     05 April 2022

Dear Mr Vaish, 

The answer to your queries is as under: -

1. No cheating case is made out in the facts as narrated by you. 

2. No, you cannot proceed for divorce because that decision is your brothers and not yours. 

Further, you must note that your bhabhi is not a coparcener in your family property. A wife becomes heir to her husbands property only after death of her husband. I hope you get my point. 

Further since police have filed FIR for hurting your mother , the law will take its own course. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer: - Opinion is only for guidance.

Atul Vaish   05 April 2022

Thanks for reply Doctor Shubham . What's the punishable law for hurting my mother ? We have not yet proceeded on filing litigation on the said FIR.

anubhav Bhatt   06 April 2022

Dear Client,
In that circumstance your mother may file First Information Report against your elder brother wife and her brother under section 323,504 and 506 IPC if denied to file FIR then move 156(3) Cr.P.C before appropriate court now as per divorce part is concern it's a decision of your elder brother for more clarification you may contact us then I'll elaborate properly.
Adv Anurag Bhatt
Allahabad High Court
📱 9198889990.

Shubham Bhardwaj (Advocate)     06 April 2022

Dear Mr Vaish, 

 

I agree with Sh anubhav G. Further, it is not you who have to file litigation. Once an FIR is filed, it becoems a State case. The State will take care of cae after that. 

 

Regards

Shubham Bhardwaj (Advocate)

anubhav Bhatt   06 April 2022

Mr. Subham I stated that if FIR has not been lodged against the accused persons then approach Court if lodged then no need to approach Court and appreciate your comments also Mr. Subham.
Regards
Adv Anurag Bhatt

Atul Vaish   07 April 2022

Really appreciate the community of respectable lawyers here to provide services free of cost and help one's realise his/her funamental rights and ways  to protect that . I am satisfied with the answers here and thanx to everyone out here to provide valubale comments.

This thread can be closed now . 

regards

Atul Vaish  


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