Upgrad LLM

need help to deal with my brother divorce case


Hi All below is the my case scenario which i filed.

My cousin got married last year , just after the marriage of my cousin he caught his wife chat-iing with few guys in an indecent manner.At that point of time the issue was reported to her family & apologies are made to settle down the things , post that everything went smooth & they all were living happily & after 1.5 yrs of marriage the they are blessed with a baby boy. But late after 3 years of total marriage when there child was 1.5 yrs old my brother had again seen some unwanted stuff on her wife cell phone. She is in relation or trying to flirt with 4 guys at same time.

At this point my brother got shattered with the break of trust & had undergone alot of stress & wants to file an divorce case.

Evidence preserved :

1> Mobile phone is in our custody.( We have the chats where Love you is very commonly used with multiple guys)

2> We have the outgoing bills of her cell phone.

3> Audio call recordings of his wife , father in law accepting the wrong doing by her.( Confession calls recordings)

4> Receipts of almost 6lacs of bank transfer money which my brother had given to her wife family.

 Please help us with your suggestions on below points :

1> What if they go to Women cell ?

2> How to get the incoming call details ?

3> What if they say in there complaint that they had given money in cash ? & brother's father used to abuse her s*xually.

 
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Please reply on my queries :

Girl had also registered women cell complaint & IO is not behaving neutrally & pressure is been built on bride side for a mutual divorce by women cell.

Few extracts from Women cell complaint :

1> Dowry given in cash charges.

2> Physical harasment by other male members of the family.

3> Beating her everyday by each family member ( mother in law , sister in law  , father in law & other relatives )

4> Husband used her cellphone to send messages to some unknown guys.

 

In Response :

Our side had shown our little bit of evidence which shows the character of the girl.

Please guide us on this false charges.

 
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The best Advise for you is to file an Anticipatory Bail for all the people whom this girl is accusing. This will prevent police to take the family in Custody.

You need to work out the chronological details since the time of marriage. How was the marriage fixed, What happened during the marriage, Photographs, Video recording.

All the good and bad incidences. Try to gather as much as evidence and proofs.

Don't wait any more. Proceed to file AB.

She has a lot of options available with her. She can file Domestic Violence, Dowry Protection Section 3,4 Section 125 Cr.P.C, 498A.

 
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Thank  you so much VivekJoshi sir , will ask my cousin to follow the steps which you told.

Just to clarify further below are some points :

1> Chatting is preserved ( brother's family is having her mobile in custody )

2> Audio recording of the complete family is present with us where they all are admitting to the bad things that her daughter had done & were crying like anything. Confession of the girl is also present with my brother.

3> Our side had not accepted any dowry , & are ready to go through Inwards & outwards entries of accounts. They mentioned the dowry is given when our family demanded for SUV car & 15 lacs were given in cash.

What you all think is it easy to get divorce under these things where we have all the proofs intact with us i.e chatting where the girl is involved in adultery & is in relation with 2 guys at the same time post marriage , & with the audio recordings which we have where the girl is confessing to it?

 
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Please find my replies as under:-

1> Chatting is preserved ( brother's family is having her mobile in custody )

This is an evidence but the other side will say that this has been fabricated by you. since mobile is in your custody. Keep this mobile safely. Check which are the dates on which the chatting has happened. How did you get hold of this mobile. How did you confiscate this mobile. Who confiscated this mobile and how. How did you get to know that there are chat messages in this mobile. Prepare a detailed history of this episode and keep it ready.


2> Audio recording of the complete family is present with us where they all are admitting to the bad things that her daughter had done & were crying like anything. Confession of the girl is also present with my brother.


This is also and evidence but the other party will say that they were under pressure. However it is for your advocate to handle this issue.

3> Our side had not accepted any dowry , & are ready to go through Inwards & outwards entries of accounts. They mentioned the dowry is given when our family demanded for SUV car & 15 lacs were given in cash.

What you all think is it easy to get divorce under these things where we have all the proofs intact with us i.e chatting where the girl is involved in adultery & is in relation with 2 guys at the same time post marriage , & with the audio recordings which we have where the girl is confessing to it?

This is no proof of adultery. Please show these to your Lawyer ( who will give you a better Opinion). Chatting with one or multiple guys does not mean adultery. Although you will not find a direct proof of adultery and it will be difficult to prove.

I am also cautioning you of one fact " Each Story has three sides, Your side, her side and True side".  You are telling your side, she will tell her side and after listening to you the court will decide which is the true side of your story".

As on date things looks better for your side, however take advise of your lawyer.

 
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Thanks for your valuable suggestions sir , i will forward these things to the concerned family. I will remember all this help throughout my life.

 

Girl is saying that mobile is with husband & he use to chat using his mobile : For that my brother's family had asked their lawyer to take out the incomming outgoing details of all the family member cell phone number along with the BSS tower location, we are going to file RTI to TRAI for it , each member will take out his details in separate application ( as other person detail are not provided under it ).

 

Advocate is saying that voice recording indeed is the last option for them to use as it will require a forensic lab testing.

 

The girl had shared her objectionable pictures through mobile to other guys which when caught by us & the same is been informed to her relatives all these conversation we have saved at multiple locations.( Voice recordings)

As my brother's family is sure about their accounts balances they had asked the women cell to check for it & take action as per law if any Inwards or Withdrawal entry shows a proof of black money in accounts.

As per out lawyer he is sure of 1 sided divorce in this case.Thanks alot for your suggestions it helps a lot to boost moral.

 

 
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My friend's daughter-in-law filed a case of 498 and some other cases, against their family, but now everything are settled with paying cash money to bride's family and written agreement with both parties and witness signatures by both party Lawyers  .

We are interested to know, how to withdraw now the 498 case from bride side.

Thanking you.

Mr Bhattacharyya

 
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@ Mr. R.N. Bhattacharya.

 

498 A is a compoundable offence. If the husband and wife arrives at a mutual understanding then this offence can be compounded. There are two ways to do this:-

1. You move to High court for an application u/s 482 Cr.P.C and seek Quashing of this case and in this petition you can annex the Mutual agreement along with your petition. This will call for expense as you will have to higher one more lawyer at high court to file this case.

2. The lady can move an application for withdrawl before the same court. The JMFC Court will pass an appropriate order and based on the application you people can be aquitted.

 

2. 

 
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Would you please clarify your point number (2). What is same court, is it where the case is being studied till date or in High court, What is JMFC court . Our Lawyer is telling us we have to visit the same court, it is about 150 Km from Kolkata,for minimum 6/7 times to quash the case.. Our lawyer has taken a very large amount of money for this and a very high amount to be paid after completion . Money does not matter but the matter is, we all are above 70 yrs of age and daily about 300 KM journey in our car is so difficult. Please help by your advice.

 
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@ Mr. R.N. Bhattacharya.

The same court means the court in which DV case was filed. JMFC - Means Judicial Magistrate First Class. If you people are more than 70 Years, You can ask your Lawyer to file an exemption application before the court, The Court will pass an order and looking at your age you can be exempted from Personal appearance. It means that your Lawyer can attend the case on your behalf.

The fees what your Layer has charged is a personal matter in between you and him. Such things should not be discussed in these forums as we cannot give our opinion on this.

 
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