Supriya,
I understand the situation because Im standing in the same place as ur SIL and undergoing the same phase but a bit differently
All that I have understood from the situation and can inferr is:
1.She is hurt by the fact that your people have not agreed for mutual divorce even though she dint demand for alimony.Its the heights of her sufferings.But you people have lied about her character and loyalty,talked very ill of her family and parents,which she has failed to bear.Nor any girl can bear this humiliation done on her character and can stand somebody speaking about her parents,especially the educated and learned ones.They always have felt they deserved better,but got disappointed truely,inspite suffered worst,have tolerated and sustained for the best ,still treated badly and dint get justice .So she is being aggressive and want to take revenge.May be she is in her early days of humiliation!!
2..you could have apolozised and sent people for mediation for another time,had she dint want divorce.But since all she wants now is only divorce ,and she was left with no other easy appraoch to create grounds for applying the same and also desparately wanted to screwup and punish you people ,she has filled 498 complaint.
3.If you were brave enough,anticipating she will file 498 complaint,should have taken anticipatory bail.
nothing to worry,This can still happen now also .your brother and others must apply for bail saying that her & her family are threatning to kill them & are harrassing them...you should give anti complaint or petition stating the same.this creates grounds for obtaining the bail.till the bail is granted your brother must be in absconding.Once you have bail,you people will not be arrested,complaint goes to family court ,where the court will only look for evidences.And as the lawyer themselves speak,this kinds of cases will fall short of evidences,and after a period of 5-6 years,everyone would be tired,and as end result -no big conviction will be happening to anybody,if she failed to produce proper evidences.I dont know whether you people have really taken dowry or not.and she has evidences for them.And much of the abuse and rude behaviour of your brother will not be having any evidences.
4.In this 5-6 years she is not only making you suffer ,but also will be suffering equally.If her family is financially sound and supportive pain is less.But if she is the one earning who has to make for lawyer fees and also must sustain her own living,and also has to run between the courts,she will get exhausted.I dont know her position.And i dont know if it is easy in your place for a girl to remarry again.This facts will count when she is making the decision. One option is somebody common between two sides, can meet her and try to convince her with these facts of reality.Then she would become a bit calm and reconsider taking complaint back.
5.I feel more than you or anyone,person most responsible and required to act is your brother.He should make the decision properly.Might be with his ego hurt too high,he is saying he cannot live with her any more. For him,he is not rude,but natural as from childhood.
If you help him realise fault was most probably his,and explain how as a new comer she would have got disappointed and hurt by him ,he might atleast stop hating her.And might consider about reconstructing his marrital life again with her.Or if you people are morally supporting him,he will definintely feel guiltless and doesnot want her anymore. and inevitably he will have to undergo the whole phase.But i bet you,even though this marriage is broken legally,and he remarrys again,if his behaviour is not rectified and changed,next marriage will also not survive.
I know nobody is there, telling him anything bad about his behaviour
I know its difficult FOR YOU ALONE to go against and tell everyone in your family and convince them that the fault was theirs... you will be offended for taking her side and their egos would not agree your view and realise.
6.If your brother and family is brave enough and ready to face,he should apply for bail and face the court case.Otherwise go and please her to take back the complaint, ensuring her wish will be fullfilled as she wants...so both your brother and her time is not wasted.
7.Police have nothing to do with punishing your brother or your family.All they can do is put in jail till they produce them to court.if you avoid jail,then you are half won.
but personally i suggest,consider all the facts that is true with your families and act appropriately.Negotiation is better than station and courts ,for both her and your family.
Being rude and abusive is not criminal.But entire family people being non cooperative,stubborn,unrealising and together contributing to make her married life unbearable is the problem.She would be forced to make this kinds of decisions ,when her peacefull negotiations failed at your hands.So my personal opinion would be soon after the marriage, let husband and wife alone in their relationship without interference from family members....give time till they create the wrapo,adjust their frequencies and match their chemistrys.Dont make small things big..every girl enters matrimonial home to lead a happy life.When family members are involved for every small things,situations become worst like this.
each one will have their own ways of seeing things,her people support her,& your people support him,their is no one single judjement,no one result, but only chaos.Makes each family hate the other,thinking we are right & they are wrong.
I am so glad you being his sister, have the proper overview and unbiased to the truth.Happened has happened.We cant go back and change things.Only do our best to avoid worst. Convince your brother that even he was wrong and also approach her to convince her.LEAVE ALL THE EGOS.Give an option to make suitable arrangements for them to stay together but away from your other family members.Take a chance.
Do not worry,give time some time.As the laws are there to punish,there will be 100 laws to escape from the punishment.But life and peace is important than revenge and ego,which should be understood by both the parties.Or leave it for time,that will make them understand.