Hi, Sorry for the long thread here.
My brother got married 2 years back. He is been working outside India before marriage. After marriage he took his wife and almost a year back they had a baby however soon after they started living together, they had many fights/conflicts.
During the pregnancy, his wife forced him to drop her back in India to her parents place. Even after returning to her parents, they kept on fighting over the phone/chats. Few months later, she delivered a baby but did not inform my brother. So we informed him and he flew to India to see his baby. He requested his wife to forget all the fights and start a fresh for the sake of the child so that they can have healthy up bringing for the child however she upfront refused to go with him and threatened to teach a lesson to him. Her parents insulted my parent in the hospital and were trying to stop them seeing the new born baby. She and her parents organized a naming ceremony a day after my brother left and did not even inform my brother and parents. Before leaving India, my brother sat down with them (whole family) and told that we should just let go everything and start living together. But she and her parents put a condition that he has to leave his job and come to India and start living with her in a separate house (i.e. give up parents). He just can’t quit the job and come here. It is been almost a year they she is staying with her parents. In spite of all this, my father continues to visit the child and also asked DIL to come back to their house but she kept on refusing.
Recently, she and her father barged in into our house and started screaming on my mother in the absence of my father and threatened my mother to go the police. Now we are fearing that they file a false case against us (498A) because we are not agreeing on their terms. Even today, my brother is ready to take her back but she is hell bent on him to come back to India and give up parents. Even my parents told that she need not to come and stay with them. She can directly join my brother along with the child.
- What precautions we should take to protect ourselves from false case and allegations?
- Can they file the case against my parents especially when she is not lived with my parents from last 1.5 years? She was with them only for fist 1-2 months before (right after marriage) she joined my bother overseas. Can they file a case against my brother and parents (sister as well) based on the gifts they gave in the marriage?
- Can police put pressure on my parents to call my brother here in India?
- Can we apply for AB/stay even we don’t know if they are going to file the case against us?
- What happens to the child custody in case goes in court? (My brother’s wife is not working)
- What legal amendments say as per SC for IPC 498A?
- Can they also put case for domestic violence?
