Civil criminal action against brides
Divya
(Querist) 28 October 2012
This query is : Resolved
Sir/Mam
My bhabhi was earlier married…This fact was not told to us…Infact after her marriage to my brother, she humiliated us everyday & mentally tortured the entire family …Infact for extorting property, she filed cases of DV, DIVORCE & 498a…For some reason they have taken back all their cases after 3 yrs of harassment in court…
Now I am the sister-inlaw…only the girls’ mother-inlaw & sister-inlaw are keen to fight against the girl as we were the most tortured…What civil and criminal actions can be taken from our side against the girl and her family?
Thankyou
Devajyoti Barman
(Expert) 28 October 2012
Unfortunately you can not file any case against her only because she has filed some alleged false cases.
However of there is pressure upon you or her in laws then they can file case of criminal intimidation against the bride.
You can file case of damages or for malicious prosecution but only after passing the verdict in 498A case.
Divya
(Querist) 28 October 2012
Hello Sir,
they have withdrawn all cases ie.divorce , 498a...
I need to know what cross action we can take now since we r free...
Guest
(Expert) 29 October 2012
You can file a case for malicious prosecution and/or criminal defamation if the facts of your case permit you to do that.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
Raj Kumar Makkad
(Expert) 29 October 2012
You can not only file suit for damages but your brother can file the petition seeking this marriage as null and void as her wife has performed this second marriage without getting divorce from her first marriage (if this may be) or alternatively that she had not told about her first marriage to the petitioner or his family members.
Devajyoti Barman
(Expert) 29 October 2012
If they withdrawn the case then forget the chapter and move on...there are more important tasks in life to finish.
V R SHROFF
(Expert) 29 October 2012
Prudent advise by Shri Barman.
If ur brother living happily now with ur bhabhi, Forget her past & enjoy life.
ajay sethi
(Expert) 29 October 2012
you will only waste more money in lawyer fees and in running around courts for years . for get it and move on in life
