All is well (Executive) 15 March 2016

Threatning from in laws

Hi Everyone,

We recently filed a divorce petetion with the help of lawyer after lot of harrasment by my brother's wife to him and my entire family. Immedietly after the marriage within 3 months she forced my brother to get seperated and started creating nusance. She doesn't allow my mom and dad to see their granddaughter neither allow them to sit in the car bought by my brother. Uses bad languages and inspite of having several discussion with their family for 5 yrs we don't talk to them anymore. Their stubborn attitude inspite of seeing their daughter using vulgur language they still say that's fine nothing wrong in it. It's a long story and we have list of harrasment done by them and couple of proofs along with us.Now finally we decided to file for divorce since this is the third time my brother left his house because of her cruel nature. She ran away multiple times for 6 to 7 months to her hometown . She went to the police station and tried putting a false allegation on the entire family but police personnel got to know she was lying and then blaster her left and rite. This story is about Hyderabad and we are settled there for 23 yrs.Now since our family is not talking to them and even my brother stopped talking to her. She cleaverly ask her daughter to come back home who is 3yrs old. Till now we were quite due to young daughter but now my elder brother is unable to stay wid her at all. Recently their family went to my relatives house in Durgapur (West Bengal) and asked us to come for the discussion. They have not contacted us from past 3 years and top of that they have also threatned that they have a contact with the commisoner of their area and will demand for 30 lakhs for maintaince. Now I am looking for suggestion what should be our next step.

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4 Replies

KS Johal 15 March 2016

When did you file the divorce petition how long ago? I personally think that you need to wait for the outcome of the divorce petition because they will also try to respond to it. No further action can be taken because the outcome of the divorce petition is important in this case. In the meantime you should make a note of all the types of conversations that they are having with you or your family along with their family or any form of harassment or anything else. Please reply to the first question.

(Guest)

You concentrate on divorce case. Contested divorce case will drag on for years due to many reasons. Better go for settlement. Pay one time alimony and take mutual divorce. Or else it be waste of time, money, energy and nobody will have peace of mind for next decade or so. Many advocates will give you same advice what I have given, its just that you have to decide on how much you want to give one time alimony, girls side may ask exhorbitant price for your freedom. Bargaining is the only option. No solutions for matrimonial problems in Indian Courts.

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 20 March 2016

sir,

1. with reference to ;your brothers divorce petition kindly note that it is very serious mater.As the opposite side may try to implicate your brother and his parent and all relatives in false allegations under sec. 498 a and other cases including domestic violence act and also for maintainence.

2. It is advisible that your brother and parent and all brothers and sisters who are involved in said problem should immediately apply for anticipatory bail to the sessions court or high court having area jurisdiction where the married couple resided and allegations are made by the wife of the brother. It will protect the entire family from sudden arrest and any humiliation and harassment from police dept.please note. And it will also save future financial problems.

3. Once anticipatory bail is granted by the sessions court /high court, they have to keep ready sureties and their address, identity proof and property documents fand passport size photographs ,ration card and election id cards or surety purposes which will be required while furnishing surety to the concerned police station as per anticipatory bail order of the sessions court.

So keep ready all these documents as a precaution and preparation and protection against any sudden attempt to arrest your brother and other family members to humiliate them.

Good Luck.

N.B.SAWANT.,M.COM.LL.B., ADVOCATE HIGH COURT,

All is well (Executive) 21 March 2016

This is to inform you that, my brother in laws came from Assansol in Hyderabad and after getting call from the highcourt regarding the notice they ran away with all the belongings including the jewellary we gave it to them on the same day. They didn't sign the paper and ran away to west bengal. They called my father and requested to have a discussion once again. I know there is no point and as per my lawyer we have a strong case . Kindly let me know the next step.