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Sumer   08 January 2017

Threat from wife of brother

Hi, I'm an Indian Jain student, studying doctorate in europe. My brother (jain) got married to a girl (SC caste) five years ago in a court, at that time both were working in Indian Army. After one year of pressure from the girl and her father my brother arranged a (cover up) social marriage at their native place (Gaon). The moment they got married me and my mother (my father deceased many years ago) were asked not to live with my brother as she kept on threatening my brother that she will either fill a lawsuit or she/her father (retired army officer) will kill all of us. So, I and my mother never went to their place and they used to come to our home once in a year that too for not more than days. 

Me and mother went to them once and planned to stay there for 7 days, but she created a brawl and we're ashamed to leave the place on the very 4 days.

After that incident my bhabhi only came to our place twice (5 days). 

This year I got an admission in europe and i came here, while my brother asked my mother to stay with him. As expected, within 10 days she started beating my mother (we've photos of swelling on my mother's leg, broken furniture, her violent actions). While she keep on threating us that she and his father will file a lawsuit against my mother, brother, and ME as well? My brother took this situation to their seniors of the station where after so many discussion the officer asked all of to sort it out in civil court.

My questions are: 

1. Can she make me a victim (in her petition for domestic violence or something like this) or somehow legally force me to come back to India, which I think is only because of her malicious intents?
2. My brother wants to file a divorce against her as she is becoming more violent and not ready to live with my mother.
3. Where can this divorce case can be filled? I know that it can be done at a.) at the place of marriage (they did court marriage in Mumbai and a social marriage in Delhi), b.) place of current residence, c.) at girl's parental/temporary place. But, my point is that if the case filed at some place, can it be transferred to girl's parental place? As we are afraid.



Learning

 4 Replies

Adv. Yogen Kakade (+ 91 9225510883)     08 January 2017

The facts of he case mentioned by you clearly shows that your mother should have filed a physical assult case and even domastic violence case against her daughter in law.

Your brother can certainly file a divorce petition on the grounds of cruelty and haressment. He can file at the family court of the city where he is currently residing.

P. Venu (Advocate)     08 January 2017

Yes, there are sufficient grounds for your brother to seek divorce based on marital cruelty.

Sumer   08 January 2017

Thank you Mr. Venu and Mr. Kakde.

 

My questions are: 

1. Can she make me a victim (in her petition for domestic violence or something like this) or somehow legally force me to come back to India, which I think is only because of her malicious intents?

2. My brother wants to file a divorce against her as she is becoming more violent and not ready to live with my mother.

3. Where can this divorce case can be filled? I know that it can be done at a.) at the place of marriage (they did court marriage in Mumbai and a social marriage in Delhi), b.) place of current residence, c.) at girl's parental/temporary place. But, my point is that if the case filed at some place, can it be transferred to girl's parental place? As we are afraid.

4. Can she file a DV(domestic violence) case after the divorce petition? If she files such a DV then can police arrest us without reason?

whatnot   08 January 2017

1. Yes. She can even name your girfriend if she knows her name. They usually name all sundry and send notification. It can happen.

 

2. Good.

 

3. Thumb rule is last marital place where cohabitation happened. What decision they can take will have to fight on those merits.

 

4. Yes. She can file whenever her fancy / her lawyer fancies. DV is quasi criminal. It is pain . But no arrest made immidiately.

 

You are abroad stay there..And contact when things turn around. Until then enjoy life


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