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Lata   29 May 2016

fals allegations on my innocent parents

Hi, This is lata. Resently my brother got married in last year Dec. After their marriage a very next day my brother's wife ask my father to give his ground floor flat to them. We are middle class family as my father's income is very less .The house of ground floor is on rent for extra income so that they can survive their life. When we deny for the same. Her behavior got sudden changed she is getting batmiz day by day. She even not talking to my poor old mom proply. Her mother called to my father and giving threats that if her daughter demands will not filling by u will sue you all in court. Wife of my brother is charging a false allegations on my parents that they are harassing her with the stupid reasons. For making her points rights. My father is heart patient. My mother is also bp petient. They both old and love my brother very much. They Are emotionally attached with him. Now according to my brother's wife they got separated. So that my old parents can give whatever she wants. My brother is very afraid she will give fake statments towards him and my parents. So he is doing wherever she is saying. Is there any way to come out of this. I can't see any way out my parents are very old. And we are avoiding the court case. Can we take leggal support against false allegations from her. Pls suggest.


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 10 Replies

Vijay Kumar (profession)     29 May 2016

Settle the case with elders,that is best. Taking legal route is time consuming and mental harassment.

Vijay Raj Mahajan (Advocate)     29 May 2016

Don't worry, her false allegations will not take her anywhere, rather she will loose all false complaints filed against your parents and brother, end her marriage with decree of divorce.

The fact all should remember that any person making criminal charges against another person has to prove the charges with sufficient evidence in the court of law.

As such nowadays with numerous false complaints being made by the wives/daughter in laws against the husband/in laws are being taken very seriously by both the police authorities and court against the complainant only.

The Police to begin will ask both parties to go for counseling for amicable settlement of their matrimonial disputes and the counselor who handles these sessions gets the real truth out from both parties.

The facts that the wife/daughter in law is pressing for unreasonable demands from the husband/in laws will make the report prepared against her and that will result in dismissal of such complaint at the initial stage itself.

Even if the wife files complain in the court under the DV Act against the husband seeking maintenance and place of residence by no manner insist that the ground floor of the house as place of residence from the parents of the husband if the house belongs to them, rather it is the responsibility of the husband to maintain the wife and provide her place of residence at his cost and place where he can afford according to his capacity, this law of the land is very clear and her demand for ground floor of the house will fall flat in the court too.

Now what relief the husband get after her filling all these false criminal complaints against him and his parents, he gets ground for divorce and getting rid of such greedy wife forever.

A walk alone (-)     29 May 2016

Sister dnt worry let her file false allegations. Nothing she will gain except divorce.she will only spoil her life roaming courts nothing else. Do one thing just record all her cruelty audio or video without her notice. Let her file any case. These evidence audio or video will help you in future. Ask your brother dnt afraid to be man. Stop full filling her wife illegal demand . Ask him to take care of his parents. Ask him to record her cruelty. By the help of these evidence your brother can file divorce also if he want. You or your mother can also file case against her. Sister frankly speaking try to sort out matter in four walls. Nothing you will get from court. Court only gives dates its only time and money wastage but if it won't sort in four wall then go in legal matter.

SAINATH DEVALLA (LEGAL CONSULTANT)     29 May 2016

if the contents of UR query are true,U know that the mother in law too can file Domestic Violence case against the daughter in law,which is defined in section 2(a) of the Act.This is only for information sake.

But my sincere request is to settle everything amicably within the four walls of the household.I condemn the behaviour of the wife and also the involvement of her mother.But it is UR brother who has to take the initiative to settle the matter with his wife without legal hurdles,which will not only make the families go public,but also make them run after police stations and courts.

 

Sudhir Kumar, Advocate (Advocate)     29 May 2016

I am not able to agree that she cannot harm the family she will do so if allowed Is she asking that accommodation as consideration to continue marriage peacefully ?

(Guest)
  1. If you give in to unreasonable demands by fearing false complaints, the demands will only become more and more with time. 
  2. Never bow down to abuse under threats of 498A complaint. If relationship between husband and wife becomes opressive from either side then it will not survive. Eventually she will file all false cases no matter what you do to prevent it.
  3. Better to stand up and call out her bluff from day one. Go file a police complaint that she is making illegal demands and threatening false cases. Record her threats by video and audio.
  4. If she leaves to parental home, immediately file police report that she has taken all her things and deserted husband. 
  5. If she files cases, let her. All your reports will help you defend the cases. If you refuse unreasonable demands she will have to run pillar-post for years in courts and still get nothing - false complaints never work in long run. 
  6. Wife, husband and in laws all have legal rights. Just because some extra laws are there to prevent dowry abuse does not mean your rights have vanished. This is false perception created by unscrpulous lawyers. 
  7. If you don't stand up for your own rights, no courts or lawyers can help you. Become aware of your rights and defend them. 

Lata   29 May 2016

Thanks for replying. But what if now she is staying with my brother on rent she took her all things cloths jewelry etc. But it may b her plan. Her parents giving false statments everywhere in relatives. As we heard that they will file a case. As she is now not living with us. How can we collect evidence against her false plan. Her parents are mainly the culprit. From the day one they started to ask for my brother property so that that can live separate. My brother is the only son of my poor parents. She even don't have emotion how they will survive. My parents is emotionally very weak. N getting more day by day .

saravanan s (legal advisor)     29 May 2016

If you still have apprehension that she might file false cases on you just file a NC in the police station mentioning the fact that your brothers wife might file false cases over you

saravanan s (legal advisor)     29 May 2016

If you still have apprehension that she might file false cases on you just file a NC in the police station mentioning the fact that your brothers wife might file false cases over you

saravanan s (legal advisor)     29 May 2016

If you still have apprehension that she might file false cases on you just file a NC in the police station mentioning the fact that your brothers wife might file false cases over you

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