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Ravi Joshi (PM)     11 June 2013

My brother's wife wants to harras us- please help

My brother is 28 years old and in 2008 he got married to a girl living alone in Jalandhar (Punjab). He did this without telling us and showing any prior sign. He was having 8 days affair before his marraige. None of our family member was present there because we were not aware of that. However after 10-15 both of them managed to get inside our house and were welcomed based on the fake stories told by that girl.
 
She told that her parents and brother got died in road accident and she was tortured by her uncles and aunts hence she left his home 8 years ago. Bases on this story, she got a lot of respect and affection from all family members. Menwhile they were blessed with a baby boy in 2008. Later on after 2-3 years we discovered that the character of girl was not good. Against the wish of our family she opened a shop (very small cosmetic shop) and had illict relations with the village guys. She started monthly commities (money saving schemes) without our knowledge. In between many times, she was left the shop as in villages it is usually not good.
 
On March 1 2012, She absconded with his kid without telling anybody as she was under debt of money which shee looted from people on the pretext of saving schemes(Committees). My brother's son was being taken care by my mother since his birth. He is emotionally very much attached to my mother rather than his own mother. So after she absconded with his boy, my mother was in immense shock due to her grandson. However using mobile tracing technology, we managed to got her from Jagraon (Punjab), where she was in house which seems to be a wrong place. We get her back in our home on 5-Mar-13. On 6-Mar-13 we called her uncle and aunt from his native place Abohar (Punjab). On that day we came to know that they were not her uncle aunt but parents. It was very shocking as she told from begining that her parents are dead. 
 
By that time people started coming to us for thier money and we said we are having no involvement in her fraud. On 12-Mar-12, we called her father and sent her with her father. We did not send her child with her. Keeping in view her lies and fraurds, on 13-Mar-13, my brother disowned her in newspaper.
 
Now on 27-May-13, she filed a complaint in police that she wants to have hes kid back. Police threatened us either take her along to your home or give her child back. She named me and my brother as accused as we are stooping her to meet her child. Whereas i am living in Chandigarh (200 KM from my home town since 2007). Now police called us on 15-Jun-13. 
 
Please help me on the following:-
 
1. Do we need to give her child (4 years and 10 months old and dont want to stay with his mom) or we can fight against this as we know she is not in position to take care of child as she seems to be prostitute. 
2. Can we deny police to give child and send her in court to fight for the custody of child.
3. Can she file 498a or DV as she is living separately since March 2012.
 
We don't want to keep any relation with her and we dont want to give her child. Please suggest on the above points and if you need more information, please ask.



Learning

 3 Replies

Sudhir Kumar, Advocate (Advocate)     11 June 2013

1. Do we need to give her child (4 years and 10 months old and dont want to stay with his mom) or we can fight against this as we know she is not in position to take care of child as she seems to be prostitute. 

Ans : Yes


2. Can we deny police to give child and send her in court to fight for the custody of child.

 

Ans: No


3. Can she file 498a or DV as she is living separately since March 2012.

 

Ans : You seem to have enough grunds but your mishandling may give her chance.

 

what do you mean that her brother disowned in newspaper.  Such divorce is not possible even in Islam

Mohammed Ameenuddin (Sr. Legal Manager)     11 June 2013

Point-1: Yes, till the age of 7 years, mother would remain the custodian of a child.

Point-2: Yes, by explaining all her details and characterless activities you can convince the police, and ask them to take the custody of a child through Court.

OR

If police took the boy  forcibily, file a suite for custody of a child by explaining all her unsocial activities and characters (produce evidence) and ensure the court that your brother would take good care of his son and child's future would spoil under the guardianship of a prostitute.

Point-3: Yes, she can file 498A or DV case against your brother, you and rest of your family. Your brother has to file a seperation suite in the family court immediately and intimate to local police and publish in the local news paper to get a protection from 498A & DV case.

my brother disowned her in the newspaper?

 

-M A

Ravi Joshi (PM)     12 June 2013

Sir, thanks for your support. My brother disowned her in newspaper means he put up a bedakhli notice in Mar 2012.


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