Sunil (Professional) 29 August 2009

Need help on false 498A and DV case

Dear All,

I need your valuable advice on proceeding forward. My brother has been married for over 10 years now. He was living away from Bangalore for quite sometime, however he,his wife and son have shifted back to Bangalore and are living at my parent's house.

His wife is a very demanding lady and she threatens my brother saying that she would put cases of false DV and 498A against him and all the other family members. I have aged parents, above 70 years who are not in good health. She even called the police once to get the family arrested on DV. Later she herself sent them back. Now everyone at home are threatened and blackmailed by this lady. Kindly help us get rid of her at the earliest. We have applied for a AB and are awaiting the same. What should be the plan of action to get her out of our lives?She does not seem to be willing for a divorce on mutual consent.

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5 Replies

Dharmesh Manjeshwar (Advocate/Lawyer) 29 August 2009

Pl. be aware that U cannot get rid of her just like that .... after all she is your brother's wife ... and has been married to him for last 10 years ..... and the law is with her ...... If she does not wish to give divorce by mutual consent .... then Ur brother has the option of filing for divorce on the grounds of cruelty ( sec - 13 (10 (ia) of HMA.

To protect ur family's interests ... U too can lodge police complaints against her & her family .... stating facts that she & her family have threatened to file false 498A & D.V cases ....

Mrs. Hetal Sunil Shah (Advocate) 29 August 2009

dharmesh is right - proceed accordingly.

Adv. Deepak (Advocate) 30 August 2009

Dear Sunil, To get rid of a married wife with child is hardly possible. Lodging of police complaints will not help you much than making a record as against her. I would suggest that if your brother and family members are really being harassed and blackmailed, then start living separately from her. However, you have to take care of her maintenance and residence. It is a legal responsibility on you. You will get AB. However, it will not save you from facing the trial. Your brother must be behaving with her very softly and that is why she has guessed that he will not leave her and go for divorce. Firstly leave her alone. Start living separately. Initiate divorce proceedings. Matter will get resolved. ddkharpudikar@indiatimes.com

Anil Agrawal (Retired) 30 August 2009

They used to say that marriage is a sacrament not a contract for Hindus. It is no longer true. Getting divorce in India is like climbing the Mt. Everest. Wives are treated like holy cows by law. In NI Act the "holder of the cheque in due course" is always right. Here husband is always wrong.