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maitri (Media student)     30 November 2013

How to get rid of my brother's wife???this greedy woman now

Hello Representatives of  the Pillar of Democracy

Me and my sisters and my mother and brother have been falsely accused for 498A by his wife who is very short tempered and cruel .We never lived with my brother as we were married before my brother's marriage.The sad part of our case is that insane lady is staying in my brother's Independent house,she is doing her medical practice and my brother has to stay at small rental place He goes to his clinic everyday in the same Bunglow This lady goes and disturbs him every day, threatens him ..our case has stood in the court and we got the bail ..We need to get bail for my sister who resides in US and has nothing to do with this false allegations as she was always stayed in US Her son need proper medicall care and she can't come to India for whatsoever reason because her Son's doctor would never give permission to fly to India as there is danger to my nephews health.

 

My brother's Bunglow is owned by him and one of my elder sister as she has invested money when he bought the house. So i have two questions

1) How can we just stop her from doing  everyday harassment to my brother for no reason ? she stays there has not gone to her mother's place and still threatening us and How can we kick her out from that premises as it is solely earned and owned with hard ship money my brother and my sisters ? There is no single penny this insane lady has contributed when we bought that house..it was our mistake to underestimate her mad behavior and greedy nature .They are married for 9 years and how can someone just get harassed for dowry after 9 years when no mother in law sisters in law are staying with her.

2) How can we discharge my sister who is /was in US  name from the case? Can we directly apply for the quash from high court? we  had just one hearing and judge gave us bail except my that sister We do not want exemption of her , we want  to permanently discharge her name because her son is very ill she can't go through this trauma

 

This greedy woman now want to settle the case by having name of her in the property and Half portion of the house and her hospital on her name..if she wanted all this she would have straight way asked for it..why did she made us to go through this distressing situation.?..can u make a law where such ladies get punishment if found liar ? why my old mother  who has already lost her life partner would witness such trauma in her old days when she is already been taken care by her daughter and not the son ? she is been loosing her strength and confidence and need counselling because her all kids are accused in this case..why she visit the courts and police stations if she has not even scolded this insane lady once in last 9 years..why should we blame the "terrified and unjustified laws " made by constitution as our "last birth's sins which hv resurfaced to repay" ..why should we call this is what we have in our fate? why law doesn't punish these type of women? we as sisters and mother are also women...what is the use of law when women are getting tortured by another greedy woman for the sake of property..Why there is no strong opposition from lawyers itself for such cruel laws?

Hoping to find best solution from the best lawyers of this forum

Thanks 

Maitri



Learning

 5 Replies

Pooja Hegde R. (Advocate)     30 November 2013

Maitri, Firstly, doctors usually marry a doctor so that they can practice together. That is like cracking a business deal and in every business there are risks. However, the base of a strong relationship is trust, love and care. Secondly, doctors know side effects of medicines, yet they give them because it cures some patients. Similarly, lawyers do not oppose 498A because it has helped several distressed women. Thirdly, I can provide legal advice to you if you can call 8892562298

visalakshi (Director)     30 November 2013

DON'T WORRY DHARMA PREVAILS..FACE THE PROBLEMS AND PROVE IT YOU PEOPLE ARE INNOCENT..AS U SAID THIS MIGHT HAVE FATE. OR KARMA...PRAY GOD. PROVE THAT BUNGLOW IS FROM THE OWN EARNING OF YOUR BROTHER..IT WILL TAKE TIME..WE HAVE TO FIND GOOD LAWYERS.

WILL YOUR BROTHER WIFE WILLING TO TALK WITH THE MEDIATORS OR COUNSELLORS.. TELL WE CAN ARRANGE....WHAT IS YOUR LANGUAGE?

Ranee....... (NA)     30 November 2013

Don't bend before her.This is obviously a false case if she has dragged married daughters (that too in US)name who are not living with her.Hire a good criminal lawyer, fight it on merit.All the best.

M.A.Khan (head)     01 December 2013

Maitri

i have come across many such cases where ladies have used 498(A) as a weapon in their hands to gain and pressurize the innocent husband and in laws, however i wud suggest you to approach high court for quashing of FIR/ charge sheet if filed.

as far as property is concerned, u can save it if u can prove that it was bought from the money of ur other sister.

rest, if u need any further advise, do sms me ur mail id on my number +919892650495

Pooja Hegde R. (Advocate)     01 December 2013

One problem with most doctors which personally I have experienced amongst my clients is that they are easily misguided on money managemnt and therefore face documentation issues. This is because mosg docs earn consultation fees in cash. If this is your case too, then also consider talking to someone with commerce, financial accounting and taxation knowledge. That property's financing needs to be in your favor and is a major proof. If that is favorable then you can send the woman a notice to evacuate the place as it is your brother's and include that she can stay with your brother in that rented small place until separation for residential purposes but that particular house is only for professional usr. To do this first consult a local lawyer as local laws will also matter and also whether it is a clinic or hospital and its registration and laws, but in my opinion you can get the FIR quashed and save your property in this case if you have proper documentation and hire a good lawyer.

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