Anisha 15 March 2016

Threat to file False DV case by my brothers wife.

My brothers wife went to her pre marital home as her parents came our home to call her and to fight with us. It has been 2 yrs of their mrg. She has issue with my mom for some stupid things about how to set kitchen etc.... In this two yrs she develops good relation with neighbours and badly accused my mom in front of neighbours that were not even providing her food sometimes and push her to do lots of house hold work.etc... Where these all are false accuse. On basis of her statement her parents came to home and used so bad and rubbish words for my patents slap my brother .take their daughter to their home.and now threatening us to file DV case against us..... Please advice. What shall we do?

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12 Replies

KS Johal 15 March 2016

Does your brother want a divorce? If he wants a divorce then he can file a petition to that effect. If he does not want a divorce then the main question is, do you want to give it another try? i.e. trying to settle the issue. If that is the case then you should try doing that. If you know that the situation he has gone 'out of hand' and you know that they will file a domestic violence case against your brother, then there is nothing legally you can do to prevent that.

KS Johal 15 March 2016

mahesh 15 March 2016

In marriage divorce is last resort and it is always tried that couple cohabit peacefully. So first try for peaceful cohabitation.try counselling. .if things fail then chances of litigation begin and unavoidable sometimes

Anisha 15 March 2016

Reality is his wife use to over shadow and black mailing my parents and brother that if thy will not let her do what she wants then she will gather neighbour her parents and will insult us... Finally she did it. Now brother is fearing to file petition as normally court listens for ladies only in such case..... Suppose if we want give her one try to call back.... Can we ask her to give in written on stamp paper that she live with my family according to few conditions by my brother ? as few things were there that my family can not bear at at all done by her.... MANY THANKS FOR YOUR FEEDBACK ON MY QUERY !!!

Anisha 15 March 2016

One more question I have, suppose if they file a DV case doesn't it needed a proof ? Because the allegations thy are laying down are just base less and have no proof and are generally happens in each and every house... Still if thy file DV against us what would happen with us ? Thn after what should be our preparation to face it ?

KS Johal 15 March 2016

Yes your brother can call her back based on a few conditions. One of the few conditions could be that whatever has happened in the past I forgive my husband and my husband has also forgiven me and we wish to start a new life. You could also mention that I fully agree that I will not bring a domestic violence case against my husband based on the previous facts. This basically means that; from the date that they start living together, only things that will happen at that time or afterwards, will be taken into account that's if the matter goes to court. If they file a domestic violence case against your brother yes they will have to prove it.

Anisha 15 March 2016

Again big thanks for your quick feedback we are looking this option itself hopefully things go this way.... But only last advice I am seeking from you is, in case she claim DV base on dummy evidence then what would happen with my bro legally ? Has she a right to ask for money from us ?

KS Johal 16 March 2016

How long have they been married? Were they previously married to someone else? Any children from this marriage or previous marriage? Is your brother and/or your sister-in-law working? If so what jobs are they doing and how much are they earning per month? How long have they been doing their jobs? What are their highest qualifications and what is the age? It is important to know all these facts before we even talk about whether your brother has to give money to your sister-in-law for maintenance.

Anisha 16 March 2016

They have been married since last two years. It is their first marriage both of them.They have no children yet. My brother is working full time in finance company and earning 11,000 rs per month and he is commerce graduate.his age is 26 yrs. My sister in law is working part time and earning near 3000 Pm as a teacher.she has done distance learning graduation.her age is 24 yrs. Both have started working after marriage. Working since lst 1.5 yrs.

Anisha 18 March 2016

Hi Johal, please respond to my message...... Many Thanks

Anisha 19 March 2016

Hello.... Johal.....????

Mukesh sharma (job ) 10 May 2016

Hi anisha as per your case your its all depend on your brother what he want if he want divorse than file application in court and wait for divorse if he want to live with her in that case plz give him some time to settle again in your family and talk with her and her family about it

coz divorse is last option any marriage its nt good fo all time if some one dispute with your family than give him time to adjust and let se what she do

if she cant change her behaviour than you have good option to go court and file case but its pain for realtion to break on small thing so think how your brother save this realtion

thnks