Legal Help 498a

Dear ragini joshi,
I can infer the situation you along with your brother and family must be facing. In this case, what I will suggest you is visit to your nearest police station and lodge a complaint that your brother’s in-laws are threatening you that they will file a false 498A against you. After the complaint lodged by you they file any false case against you it will be in your favour.
Then, I will suggest you before taking any step contact an expertise lawyer who will helpyou with the proper procedure in this kind of cases.
The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.
Adultery – The act of indulging in any kind of s*xual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.
Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse s*xual act and such are included under cruelty.
Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.
Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.
Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.
Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.
Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The s*xually transmitted diseases like AIDS are accounted to be venereal diseases.
Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.
Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.
No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.
Your brother may file case for divorce under the grounds above mentioned i.e. if his wife is suffering from any above mentioned problem.
Regards

Isha Bhardwaj

09555507507

Dear ma'am, your brother should take the help of the court to nullify the marriage u/s 12 of the Hindu Marriage Act 1955. It'll be the best way to get rid of this situation because if your brother files for divorce, he will have to pay the alimony and the petition for divorce can be filed only after the completion of one year after the marriage. Your brother will get the status of divorcee. 

 But if he files for the annulment of marriage, he will have to pay nothing and the bride's family will have to defend because thye will be tried as accused of concealment of facts, cheating, misrepresentation and if the disease is so critical that it can cost for the life of your brother, then you can file for the attempt to murder also. There is nothing to worry in yourmatter. You should as the lawyer you engage for your representation.

   For anymore help, you can contact me on my e-mail id(kaypee.gupta@gmail.com) or my mobile(9795117398) any time.

                          Thank you.

                     KAPIL GUPTA ADVOCATE