Help needed against domestic violence law
Querist :
Anonymous
(Querist) 09 November 2011
This query is : Resolved
Hi, i am delhi resident and i need help against my brothers false allegation and mental torture done by his wife.
My brother, who is eldest of us all and a very simple human being believes in god and do not have any habit like drinking smoking or gutkha chewing non of them all...married to a woman in yr 2001, they started leaving seperately within the marriage life of few months due to the reason she used to fight for every little thing with my parents(please DO NOT consider that we did violence or something not at all)
Now since last 10 yr they are leaving seperately in delhi only. During this time my brother calls up sometimes in a year or just visit us sometimes(which was very often) which she did not like, also sometimes she forces him not to meet us.
My father is a mental and heart patient and already has one attack, my brother is not very much educated and earns for his living by working in a private company in gurgaon.
One day my brothers wife came along with a woman at our house when we were not at home only my mother and my second brother were there, the women who was with her started shouting at the door and abused my mother badly and saying i will ruin your son's life and yours too and we were talking to them in normal manner but they keep abusing us. Few weeks past and one day in last month he(my brother) came to our house and stated that his wife has fired his clothes, his atm card and abusing him badly.
We were shocked that how could she do this to his husband, as he has no other place to stay, he stayed with us that day....
Few days later when me and father were at home, she came along with police and alleged my brother that he took along her child which he never because last night he was with us only.
Police said that this is local police matter hence forwarded the same to local police, they asked us to come along and we did, i also called my brother to come from office because we were frightened.
When police inquired to my brother and he said i reached at home and i didnt bring my child, police after few hours of interrogation asked us to go to your place as this matter is of their location so they will forward the case to that area location.
Now as we were frightened too we asked brother to give some application to the police station with complete info, and he did. When he inquired recently he found that his application has been forwarded to women cell.
We recieved letter from the women cell and my brother went there too this week only, there also she was abusing and stating that me abused her, my father went to her village and talked about her badly, my Brother Beat her etc....and the IO says what you both are willing to do, she said i want to live with him but my dont want to so he said he cant live and wants seperation.
Also during these few weeks we came to know that she was "Frightening" my brother since long time that if you do not do things as i said or you try to meet your parents or dont give me money whenever i request i will allegate "You and Your Family in wrong cases" this does not finish here, we came to know that she was having extra marrital relationship too with a man knowing her since her childhoot, and my brother said to my father that a child that she is carrying right now of 4 months is not of his for sure and ready to do a dna test too.
Now my father who has few years to retire is in tension that what would happen to us, as we dont have any support neither monetary nor any other thing, my brother still want to fight as he says this is trauma living with her and dont want a compromise.
Me i am working in a IT company and trying make my future but i fear if everyone listen to her only then me and my family is in danger because laws are there to protect women but not men
I am writing to you in this hope that we will get some help. Please help us else one more case, one more man and one more family will be devasted due to so called women help but originaly "biased " laws.
Waiting for response with lots of hope in eyes. Thanks in advance.
ajay sethi
(Expert) 09 November 2011
to summarise whole family is living in mortal fear of your brother wife .
you have stated that your brother wife is pregnant and she is having extra marital affair .
in addition you have stated that your brother is not the father of unborn child .
in such a case your brother can sue for diovrce on ground of adultery . go in for DNA test to prove your allegations .
hire a private detective to gather some evidence .
Devajyoti Barman
(Expert) 09 November 2011
Keep on negotiating with her for an amicable settlement.
In the meanwhile to apply for anticipatory bail to avert any untoward incident.
However lodging complaint in the police station about her tortures to you would be avery judicious step.
Nu.Delhi.Law.Fora.
(Expert) 10 November 2011
Dear Querist,
Amass certain cogent evidences i.e. photo, letters, emails, medical prescription/diagnosis, etc., concerning the wife in respect of her pregnancy to prove her adultery. If you are able to do so, your brother can file diovrce suit on ground of his wife's adultery. In the proposed Petition, let him suggest for DNA test of the UBP to substantiate his allegations.
Secondly, as advised by other experts, allow room for negotiation with her for an amicable settlement. And while doing so, anticipatory bail application may also be got ready and filed to avoid further difficulty in the matter. To arm and protect yourself further, your brother may prefer writing directly to ACP/DCP of your zone as also registering a written complaint in your local PS would be effective. You may follow carrot & stick policy to defend for time being.
Trust this would suffice.
Rabin Majumder
Advocate-on-Record
Supreme Court of India
New Delhi
Sailesh Kumar Shah
(Expert) 10 November 2011
I agree with common opinions of All learned experts.
Shonee Kapoor
(Expert) 10 November 2011
I agree with the expert opinion, however would like to add few more things:
1. Record all threats.
2. Don't instigate her.
Ask your brother to attend the SIFF meeting held every saturday at Patiala House, in case of any problems your brother can contact the undersigned for free advise.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Jai Karan Nagwan
(Expert) 10 November 2011
Dear experts, I am agree only with the suggestion of Mr. Kapoor.
Secondly adultory can never be proved means very tough but not impossible.
Thirdly, please read Section 112 of the Evidence Act, which is legal presumption and conclusive proof of legitimacy of the child during the subsistence of mariage.
Querist :
Anonymous
(Querist) 10 November 2011
Thanks to everyone for their vaulable suggestions and advice. In addition to my info, i would like to add few things.
First of all my brother has photo evidence and a letter written but not signed by his wife,plus there was one incident which happened when he was not in office, that the guy she knew since long time and present him as brother to everyone with whom she fought and logged complaint also in Uttam Nagar in again FALSE allegation, he on that day was picking up the little girl in his hand and taking her away with him while fighting with my brothers wife at the same time and shouting that this is my child and i will take her with me etc..even he called police for the same and asking to do the DNA to proove himself, so would this incident be wealthy enough as a proof and would we be needing the spectator of that particular incident too??
Another issue is that she always shouts and abuse even in front of police, so how should my bro handle her when she not even ready to talk.
Querist :
Anonymous
(Querist) 08 December 2011
thanks to everyone, my brother is attending SIFF meetings too, but it seems that everyone is only listening to women.
