Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Milind (XYZ )     12 April 2012

Need help in divorce case

Hi, 

I need suggestion from all of you in my brothers divorce case. 

My bother married to a girl in April 2008. In his marriage we did not take a single rupee as dowery and we only mad all the marriage arrangements with the help of girls side. They did not spent a single rupee on the marriage. Girls father started constructing the house and he asked my brother Rs. 2L for construction and promised him that he will pay him back once he get his PF amount.  After the marrage the girl stated asking him about leave my parents house and stay outside and in diffrent house. My brother refused to stay outside my family house without leaving my parents. The argument continued , sometimes she thretend him about she wil sucide . 

She left the house in January 2009 with taking all her cloths, jwelery cash when no one was there in my home. And then she filed alomoney case. In the meanwhile she and her parents started harashing him. They went to his schools Chaiman , directors and told lot of thing which were not at all true and baseless. 

The court orderd that my brother should pay Rs.5000/- PM to her and till date he is paying to her. 

In the meanwhile we have filed divorce case in March 2009 and the court has not granted it. 

Although the my brother is paying alimoney and divorce case is going on, she and her parents started calling to my relatives and all known persons by telling the lot of false things. They went to my brothers school also. It really and mental tourcher to my brother and my mother and father. Becuase of this my mother and fathers help is a big issue now. 

2 days back the came to the local police station and tried to file a dowery case although they have to pay us Rs.2L what my brother give them. But police refused to take as they enquired with local people and they all know they we have not taken a single rupee as dowery. 

Now we are going through lot of mental stresss and want to know ...

1) Can we file mental harashnment case against the girl and there parents?
2) can we file a case for baseless and false alegation?
3) how we can proceed with divorce case?

Kindly suggest. Thank you in advance. 



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 April 2012

Dear Milind,

The laws in India are heavily skewed in favour of women, and are abused a lot. I would advise you to :-

i) Pursue your divorce case diligently; 

ii) If the wife has left without sufficient cause - not entitled to maintenance - interim or final;

iii) as regards 498A/406 - intimate authorities by an informatory - explaining your apprehension - this would protect you greatly from a false case that they might pursue.

iv) Remedy for false implication and baseless complaint arises only after they make the complaint/prosecute you and you come out scot free. 

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     12 April 2012

U stated that ur have finanacially supported them, has he obtained any promissory note or ackowlegement that they have taken money?

U stated that ur brother  marriage was performed in the month of April, 2009 and his wife deserted him in the month of January, 2009 with her belongings and ur brother filed divorce case in the month March, 2009, well before one year of marriage, Yes.  Is it maintainable?  What r d grounds for divorce? 

How d maintenance was allowed when she left the company of your brother wittout  a sufficient cause?

Why ur brother not taken injuction order from proper forum against the inlaws not to enter into the premises  of ur brother's working place? 

Has ur brother got issed a legal notice before filing d divorce case?

If  these question r not properly answered? ur brother has no case at all.

It seems that ur brother has not property explained the case to his lawyer and got filed the case just to warning his inlaws what he can do. 

A.V.Pattanashetti (Advocate)     12 April 2012

Dear Milind call me i will tell some suggetions 09448035651

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

Your brother can get injunction order against his wife to stop creating nuisance.

 

I have posted two such judgements one each from Delhi HC and P&H HC in the judgment section of https://forum.498a.org/

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

Your brother can get injunction order against his wife to stop creating nuisance.

 

I have posted two such judgements one each from Delhi HC and P&H HC in the judgment section of https://forum.498a.org/

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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