I am posting on behalf of my brother and I am pretty new to the legal world and does not know what to do in our family situation.
It’s a long post . Here is the family and case history :
My brother ( only son) is a very calm, sober and down to earth person and is a software professional.
His first marriage got mutual divorced- as we got to know soon after marriage ( specifically on 4th day) the girl was cheating in spite her parents knew the truth, they didn’t inform us . Also she didn’t want to marry but forcefully her parents did her marriage to my brother ( we have no clue at all before marriage ), So no alimony taken and it’s a plain mutual understanding divorce case which resolved in 1.5 years.
Now after that we did my brother’s 2nd marriage where we informed all the truth to girls family and all agreed upon .
She is the only girl after 7 brothers .so she came to our family and the root of problem started. She is very adamant, selfish, don’t listen to any body , never get mingled with our family
Initially she is okay for couple of days ( 1 moth /2 ) and then she started showing her actual nature.
She continuously started harassing my brother mentally ( when they lived separately in Bangalore) , giving threats that she will put him and his parents in jail with dowry demands and DV case. And she did whatever she wanted till they are in Bangalore.
My brother came from office late night and doing stuffs like cleaning house/ sometimes cooking / taking care of child etc.
Sometimes they had fights whose caused my brother to take unnecessary leaves from office and stay home and do house hold work.
Am not saying doing house hold work is a wrong thing but one person is doing every thing and other one just sits and enjoys and on top of that using abusive language to parents and to husband .
Now it’s been 6 years of their marriage and they have a 4.5 years of girl child .
Now my brother shifted to home town as my parents are literally old and my mother falling sick more often as she is high diabetic- insulin injected level / heart patient, father also suffered from skin diseases and is a old bud.
In spite of all these sick ness , my parents almost did every house hold work starting from cooking , cleaning , other house hold stuffs. They built a new home with all their retirement money expecting all will be good and live happily .
But daughter in law started abusive language to parents / husband , threats to jail, court case threats, dowry case threats, Dv case threats. , though my brother never even touched to slap her . they had fights but every time my brother surrenders as thinking some day she will change and things will move smoothly .
She now started literally using slangs / saying to husband as b*st*rd, saying MIL as slut who sleeps with her son and saying Mil & FIL to die ..
All she wanted is our money and no one should say a single word whatever she does is fine but no one else should say a bit to her. Also she wanted not to stay with in laws so that whatever she will do , my brother does not say anything.
The child is a sweet one and loves her grandparents a lot and vice versa and does not want to live them at all. My parents too love the kid a lot , but now she left our home taking kid without any notice when my brother is out at office .
My brother is only son and knows he has to take care of old & sick parents . so he does not want to live separately but he loves his child as well .
We are all so much in tense/ pain and utter depression that we almost cursing our fate why we did a second marriage. also how difficult for a child to see such things early in her life . thinking of that my parents tried to convince her ,but she is not ready to adjst .
Recently she went to Mahila Commission and filed a case against my mother/ father and brother stating Dowry and domestic violence. When asked for proofs of Dowry , she does not appear with any list ( which is obvious as they never gave any dowry and this is a false acquisition ) . She does not want to give Divorce and wanted 20K / month for her living .( She started working now in a school)
She used abusive language in front of Mahila commission and they just told to keep her quiet and no actions taken for her abusve nature . And now asked us to give 20 K every month with 2 days getting kid to home .it seems good people are not meant to live in this society where it’s considered as a crime for a lonely son to stay and take care of his elderly parents. We are thinking to put a court case for Old parents torture & defamation case against her.
Question is –
- What my brother should do now ? is it good idea to file a divorce case ?
- Can my brother get the child custody ? what are the chances to win for this ?
- Can we file custody for child without divorce case as they live separately now ?
- Is it good to file a case against her for Defamation Case for abusive language & Old parents exploitation / torture case ?
- I persoanlly feel to go for a private detective . any thoughts on that ?
- And lastly any suggestion from the expert group in this situation ., will be really appreciated .