Naina 22 June 2018

Brother's wife harassing bu filling false cases

My brother’s wife is harassing the complete family by filling the false complaints, let me brief the little background:

Married in 2010, left his home in 2011 and started living with her parents than filled DV case & complaints in women cell.
She went to his office premises and create nuisance consequently company had issued termination letter to my brother and eventually he lost his job
My brother filled divorce petition in 2012 but in 2013, after consoling by Judge she returned to in-laws house but behavior was unchanged.
This time, she started sending mails to my brothers new company stating that she wanted half of his salary as her husband did not provide her food and clothes. HR told her to stopped such mails as this is your internal matter but she did not stopped. He again got the warning letter and leave this company
In 2014, she again left his house, this time her brother and mother came to her in-laws house and started fighting with them, his father got severe injuries.She again filled DV case & false complaints to police & women cell that she is being tortured.(We also reported to police station about this incident, and had medical done also)
Divorce case again filled by us in 2014 and she got the interim maintenance in DV case of INR 35,000 (at that time my brother was earning INR 65,000).
We filled the case in session court to reduce the maintenance amount even Salary slips were also showed to Judges but they refused our plea by stating that she deserves this amount
We loss the divorce case in 2016, and currently its pending in high court.
They always make excuses in DV case to make more amount of maintainance and still in process from 2014.Even judges don't say anything even they know they are doing this to get another date.
Till now she had looted more than 17 lakh from us on the name of maintenance. Every 2-3 month she filled false complaints/case either in police station or in women cell just to torture us. His mother got brain hemorrhage and paralysis and bedridden from last 3 years.
We are almost spent 25 lakh rupees on court proceedings and maintenance amount and almost verge to bankruptcy. she is not giving divorce either. please suggest us what should we do now. we almost lost all hopes by Seeing the working way of judiciary. My brother life has totally ruined from the day he married to this women. In the 8 year of marriage, they hardly lived 15 months together & living seprately from more than 4.5 years.

Reply Follow

7 Replies

Naina 22 June 2018

We are working class people, my brother is software engineer. The truth is we did not take a signle amount of dowry. and the marriage was done in a simple manner (even girl side also dont have any proof that we asked any kind of dowry). He cant get marry as she is not giving divorce also.

Here is the case status:

1. Divorce case is pending in high court from 2.5 years ( earlier in lower court), even after numerous mediation, nothing had happenend.

2. DV case pending lower court for mare than 4.5 years

3. She had filled FIR against our family, and the case also pending in lower court (section 498a) from 2.5 year

4. On every DV case, she take 35,000 rs and make excuses in case proceeding because she knows that once the case will close she may not entitled this hefty amount.

5. She already granted 21,000 in CrPC case.

6. She recently filled a police complaint that we are giving her threatening warnings, police has examined the complaint and found this as false complaint and closed it. Now the same complaint she forwarded to women cell.

7. Apart from the above there were many complaints which she had lodged in all the possible way, but all complaints were found baseless and closed now. This is just to tortured us.

Nitish Banka (lawyer) 22 June 2018

Divorce Laws in India – 2017 Some Changes

Posted by: Nitish Banka Categories: Uncategorized

No comments

https://youtu.be/ICe0JYNbKv8

https://youtu.be/QYzyUeSNBCI

https://youtu.be/kdQ1GsKBmtQ

Divorce Laws in India -2017 Some changes

Divorce Laws in India -2017 Some changes Waiver of 6 months cooling period

held that the minimum cooling period of six months for granting the decree of divorce under the Hindu law can be waived by a trial court if there was no possibility of cohabitation between an estranged couple and there is a dispute between the husband and wife pending litigation.

The 1955 Hindu Marriage Act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by mutual consent to explore the possibility of settlement and cohabitation.

“We are of the view that the period mentioned in Section 13B (2) is not mandatory but directory; it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation,” a Bench comprising Justices A.K. Goel and U.U. Lalit said.

Image result for divorce

The apex court said the minimum period of six months can be relaxed by the trial court in certain situations and the estranged couple, who are seeking divorce with mutual consent, can file waiver application after a week of filing the first motion.

The top court also said that in conducting such proceedings, the trial court “can also use the medium of video conferencing and permit genuine representation of the parties through close relations, such as parents or siblings, where the parties are unable to appear in person for any just and valid reason as may satisfy the court, to advance the interest of justice.”

The court noted in its verdict that the object of the cooling off period was to safeguard against a “hurried decision” if there was otherwise a possibility of differences being reconciled.

“Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option,” it said.

“In determining the question whether the provision is mandatory or directory, language alone is not always decisive. The court has to have the regard to the context, the subject matter and the object of the provision,” it said.

The Bench was dealing with a plea filed by an estranged couple which had sought waiver of the six month period on the ground that they have been living separately for the past eight years and there was no possibility of their re-union.

Here is the link of judgement Supreme court judgement on cooling off

Naina 22 June 2018

Please mind your tounge, due to this pathetic DV act all the innocent men are being looted by their wives. And you are one of those lawyers who are supporting this law. We had taken loan of 15 Lakh for case proceedings and will soon gone to bankrupt if things will not go on our favour and you are saying this is fake story. Mother is bedridden n you are thinking we are making story here.

If you cant help anyone atleast do not make fun of others.

1 Like

(Guest)

If you can please provide your phone number I will only call and talk to you Naina. You taken 15 lakh loan for court case proceedings? You need help, I am ready to provide free of cost provided you tell truth.

LegalAdvice 27 June 2018

She has filed 498a, DV, other complaints, created scene at ur brother office alleging that u have done cruelty/ torture to her. On what grounds ur brother filed divorce n what is decision of court? Fight n win these cases, U have several grounds to get relief. U have already spent too much without getting relief or hope of relief.

sai narayana 04 July 2018

Originally posted by : Naina
	We are working class people, my brother is software engineer. The truth is we did not take a signle amount of dowry. and the marriage was done in a simple manner (even girl side also dont have any proof that we asked any kind of dowry). He cant get marry as she is not giving divorce also. Here is the case status: 1. Divorce case is pending in high court from 2.5 years ( earlier in lower court), even after numerous mediation, nothing had happenend. 2. DV case pending lower court for mare than 4.5 years 3. She had filled FIR against our family, and the case also pending in lower court (section 498a) from 2.5 year 4. On every DV case, she take 35,000 rs and make excuses in case proceeding because she knows that once the case will close she may not entitled this hefty amount. 5. She already granted 21,000 in CrPC case. 6. She recently filled a police complaint that we are giving her threatening warnings, police has examined the complaint and found this as false complaint and closed it. Now the same complaint she forwarded to women cell. 7. Apart from the above there were many complaints which she had lodged in all the possible way, but all complaints were found baseless and closed now. This is just to tortured us.

First of all put on hold payment as long as you can. Secondly, showing all these closed false complaints etc pursue the divorce case fast and if required, file expedition petition u/s 21B of Hindu marriage act in Supreme court as party in person which would save you both time and money or engage a economical advocate.