Legal Question in Family Law in India
My brother's wife has lift the house with 1 yr girl baby with out telling any one at home. My brother is living with 65 yrs old mother. Now she is threatening my brother to live with him separately leaving my mother otherwise she will sue him and my mother to court in dowry case. My mother and my brother are depressed very much and they are married for 2 years. Many times she told my brother that she will commit suicide t put him in jail.Please tell me.
1 Answer from Attorneys
Many a times the provisions of Section 498A of Indian Penal Code are misused by the wife or her side to harass the husband and in-laws. As the section is penal for which punishment is three years or more and with fine, this is a Non-bailable offence and usually the husband and his relatives were subjected to harassment in the hands of wife.
The other side in your case is that under Section 13 of the Hindu Marriage Act husband can file divorce petition against his wife on the ground of cruelty which has a wide connotation and includes threatening also among others.
Thus having regard to the above legal points it is advisable to your brother to have a watch upon his wife that whether she is taking any step for filing a criminal complaint against you people, and if it is so all the persons who may be impleaded shall remain prepare to secure anticipatory bail in advance and thereafter to defend the case by a qualified advocate.
Secondly, your brother may choose to file a divorce petition.
However, the above suggestions will be advisable only when the amicable settlement between the parties fails despite intervention of relatives and family friends.
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