False rape case followed by dv case

dear vallabh

since the house is your fathers self earned property you can get a stay against her residential order claiming it to be her matrimonial home as neither she nor her husband has got any claim over it.in that case you can prevent her from entering your house but her husband needs to find a rented accomodation for her and he must bear the expenses also.

as far as adultery is concerned if you have enough proofs to confirm the infedelity of your brothers wife ( proofs include intimate photographs, s*x chats or mails exchanged between them, proof for showing that they stayed outside together in a hotel room or so for a considerable time and above all her own statement admitting that she is having illegal affair (call recording) you can punish her paramour by filing case u/s 497 for adultery (5 years imprisonment) and also filecontested divorce u/s 13 hma (assuming you to be hindu) on the grounds of adultery.

if she doesnt attend the dates then the dv case will be dismissed and with it the interim maintenance also

You didn't mentioned she is a working or a house wife, if she is a house wife provide her a seperate rented accommodation and submit address and all details before the court and tell her to vacate your house and take your house in your possession, you have to pay her maintenance if she is not a earning woman or her earning is not so handsome to maintain herself by all her means , for proving adultery in the court is a tough task for that you have to gather some intimate video of her with her boy friend in which she is performing s*x with him, tell your brother to file divorce on the the ground of cruelty as she had filed false cases on him and your family members .

Thank you, Saravananji and Laxmikantji.

She is not a wokring woman. And we dont have the kind of proofs for proving adultery. And working on it at this stage is difficult.So the ground of cruelty is an option.

 

if you could prove her dv,376 and 506 allegations were false in the court that can be used as a cruelty grounds to get divorce

If petiioner can't prove the allegations to be true, then the court accepts them to be false or the accused has to prove them false?