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payal chanchlani (student)     18 November 2011

Need urgent help

i need an urgent help for my family issue. I am a c.a student n living in ahemdabad. my family stay at godhra. in feb 2011 my elder brother got married. My sister in law is from ahemdabad itself. from the 1st day of marriage my sister in law is troublling my mother. at  godhra my mother stays with my brother and bhabhi. my father has expired befor 15 years.

Issue is that not only my bhabhi but her parents too truble my mother. and in evry matter they used to threat us by saying that they will file a case against us for violence with ther daughter if we ll not listen them. my bhabhi is 7 month pragnent. Dr  said no for travelling. So when her parents came godhr to take her to attend marriage function of her cousin at ahemdabad, we said no to them as dr said no!! Because of this her parents filed a case against us that me, may brother and my mother troubles her , n thats why they want o take her back on 2nd november.

Now after creating this much issue  bhabhi wants to come back at our home, and they are again threatning that if we wont take her back at our home then she l file a case again that we tried to kill her.

 

in this matter what we should do??? we never mis behaved with her. And as she is at her parents since she filed a case that we troubles her so can she again file a case that we tried to kill her as she s at her parent's only..

my brother earns some what 5000 pm, if we want divorce than how much maintanace we would have to pay???

please reply urgently..

need the help...



Learning

 12 Replies


(Guest)

Don't grab all your stuff. If u r a man wait for her to file multiple cases against you[Allowed in India but disallowed everywhere in the world]

If you are a woman file multiple cases against him on the same cause of action[Allowed in India but disallowed everywhere else in the world]

1 Like

(Guest)

THe question is whether you brother wants your bhabi back and whether your bhabi really wants to come back.

Since a baby is born, I think you should try to avoid divorce as far a possible..Ask your brother to talk to your bhabi and find a solution.

Aishwarya (Teacher)     18 November 2011

yes even i would say ..its a matter between the husband and wife and concerns like divorce and being together are their own ..so let them decide since now its high time a baby is coming ..and i wont like the babys life to be spoiled because of such issues..

Tajobsindia (Senior Partner )     18 November 2011

@ Author

Calm down / Relax !

1. What case is this that she filed and sections of code / act. Check documents and reproduce title

2. Before which Authority she and or her side of family filed complaint or application of harassment against your side. Check documents and reproduce title


Flip above in case you don’t want to disclose them in public forums;

1.1 It is purely a family decision to take her back in stage of pregnancy. No Law comes into picture in situation when no COURT case pending. But before doing so my neutral advise is to meet the Dr. (all of you) and understand
prepartum depression and/or anxiety symptoms which are quite natural and necessary support to be given to such women in such situations. Once your sides invest time and energy to understand what SHE is actually going through in these preg. times and understand part of her behavior changes all these hyperactive decisive moments may fade / subside is my view. Hence in opening reply I mentioned Calm down / RELAX.


1.2 Handle entire situation very maturely as suicidal tendency increases during pregnancy stage and if your side wants her to come back and provide comfort / support then ask her and her side to give your side executed Affidavit stating that it is she who left home due to temperamental difference and will not repeat the same incidence and some misunderstanding between her and her husband / in laws developed and she will not repeat same. End the Affidavit by mentioning she wants to come back and the paras herein the Affidavit has been executed without any fear, coercion, duress and or force, get signature of her and her side respectively. Keep this Affidavit in safe place and accept her as she is and give her all necessary emotional / physical support and sense of security. Things post delivery will improve.


1.3
If your brother earns 5 K and she does not earn anything and by the time if any divorce suit is serviced half of your brothers disclosed / probably proved income will go to her prime facie and for child maint.

Hence it is better if urgently you all go and meet the Dr. and understand para 1.1 instead of urgently seeking legal remedy which should be the last resort when all other probable family / social efforts fails. 

1 Like

akash kapoor (*************)     18 November 2011

DO NOT THINK OF DIVORCE... IT IS NOT THE RIGHT WAY.... ON THE OTHER HAND YOU MUST MAKE ONE THING CLEAR THAT FILLING AND FIGHTING A CASE IS NOT THAT EASY. IF YOU ARE SCARED OF THEM JUST BECAUSE THEY WILL FILE A CASE IS NOT RIGHT... IF YOU ARE NOT MISBEHAVING WITH HER HOW CAN THEY PROVE THIS... FILLING A FORGE COMPLAINT AND GIVING WRONG EVIDENCE IS A OFFENCE...........  DO NOT WORRY....  YOUR FAMILY AND THEIR FAMILY HAVE TO COME TOGETHER AND SETTEL DISPUTES....................

payal chanchlani (student)     18 November 2011

but when she filed the complain, 4 police officers come at our home to take my mum, as per our knowledge in such issues police complain of a girl is enough n no proof is needed. IS IT SOOO???

Aishwarya (Teacher)     18 November 2011

things have gone to the police  ..now itll be really hard to settle diputes amicably

..still if u can sort it out through family members its best..because the road ahead of this will be very tuf.for u ur family members

.and one more thing if ur the sister in law to ur bhabi and ur unmarried too then believe me dear am not scaring u ..just advicing u.for what best can be done.....it is to settle things without police and cases..dont get involved and get ur name stuck in courts and police files..if she is adamant on ruinining her resepct and dignity then let her do it..but you all just maintain yours and specially u as a girl..

but still if thing's turn ugly then fight with all ur might and try to maintain ur dignity all throughout the issue till they come to solution.. 

1 Like

(Guest)

Payal, not without arrest warrants and not after sunset if they did have arrest warrants.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 November 2011

You are advised correctly by Tajobs.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

payal chanchlani (student)     19 November 2011

thanks alot for your valuable replies....now m relived as v cn nt b traped if v r nt wrong!!!! from some of our relative we came to know that my bhabhi's parents just want money from us n planning for divorce...well now m really relaxed n confident!!!!!!!!!!!!!thx to all of u!!can i ask a little more??? when the police have arrest warrant??? my brother have a job of collection so he used to be out of town for whole day, n my mum b alone at dat time at home, after police came home she just got feared as now a days in tv soaps they show that just on complain police arrest the in laws of girl... me just worried for her as her health geting worse... once again thanks alot for such a big help...its really a very big help for us.... 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 November 2011

Always welcome

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Ms Liberal (others)     19 November 2011

Women cannot enrich herself by demanding so much maintanance if it is beyond gthe capacity of man..Besides this other circumstances also lookinto consideration..whether she is capable to maintain herself? whether she has children..?..what was the standard of living at the time of marraige..

From the facts ststed it appers that girl's parents are spoiling the house of your family..Try to iniate with girl what exactly she wants..whether she can adjust in your family if not give some time to live apart or sepaarte as no one will like to spoil its family on trifling issues..if they filed cases if proven false then its good grond for divorce under cruelty casued on your family


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