DharmeshShah (Self Employed) 19 June 2012

Filing divorce application:threat of 498&dv for brother &mom

Dear Experts,

We are filing divorce petition for my brother. Also i am very much sure that my bhabi SIL , in a fit of revenge and to harm my elder brother and old mother, will next go for DV and 498a.

1. How far getting AB can help my brother and aged mother. I mean, so far FIR has not been lodged.Till how long AB protect against false 498a and DV charges.

2.I heard SIL, will be filing complain with CAW cell-Kolkata (may be she has filed) ,

After filing of divorce petition from our side, should my brother go to CAW in Kolkata ? Since divorce petition is filed , What would be the impact on his case if he does not go to CAW . My SIL's father is in politics and have influence on local CAW cell.

Pl.suggest. I am very much worried about my brother and mother,they stay in mumbai.

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 19 June 2012

Dear Payal,

Your SIL's complaint will be forwarded to CAW CELL - where concilliation proceedings would be tried before registration of FIR. During this period you have to obtain a notice bail, where the court would direct police to inform you in advance (normally 7 working days) in event of registration of FIR. This way you'd be protected and would be on a much securer ground while bargaining or putting forward your case. In event of registration of FIR you can go in for anticipatory bail again. But before doing this all, make representations to police of both states through your lawyer.

Feel free to talk !

(Guest)

My wife name is payal who made my life hell.

DharmeshShah (Self Employed) 20 June 2012

Dear Jaswant,

I can understand your pain, because i have seen my brother go into depression, loosing his job and first time so much uncertain about his life, he loved my SIL and kept her like princess and my old mother traumatized so much so that she awakes midnight just to make sure that brother is still with her. I cannot do anything for them, since i am married with 6 months old kid, so i am tyring my level best to save them from my SIL's mean intentions with the help and directions of LCI's learned experts.

So ,Pl. add some valued inputs if you have.