Divorce Divorce

3 years ago

My brother is working in force and his wife is a house wife 4 years back she went to her visit her parents and when came back she started misbehaving with everyone in my family. always asking my brother to take her with him. Since he have some issue with that he refused and asked her to stay there for few more time here then he will think about it.

when he came back from duty after 6 months she again went to her family (mostly she is staying with her family only) but this time her 4 brother came with few more relative and beaten up my family and took her.

after few days again she filed complaint for 498 and then police and few make her understand and then she
came here and stayed here for few days and when my brother went back to duty she acted for having something and went back to her family.

after that it has been almost 4 years and she never came back, my brother filed for divorce want to end this marriage after that her family members are constantly threatening my family for it. that they will kill my family and every month they are coming to my place and threatening to my old father and mother.

1) I have one sister who is not married we are planning for her marriage next year.
2) mean while her family members are threatening that they will leave her here, I just want to ask can I file defamation case against her and family, it has been really terrifying 4 years of our life.
3) who will have custody of their child they one boy of 5 years.

DIYAVARHUSSAIN SHAIK

Responded 3 years ago

A.Dear Client
As per your inputs your brother’s wife is troubling and torturing your family members, then file a complaint in police station seeking protection from her family members, the police looking into valid reasons definitely provide police protection and initiate legal actions against them
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Vidhi Samaadhaan Vidhi Samaadhaan

Asma Firoz

Responded 3 years ago

A.First inform to your concerned Police station regarding her tactic behaviour and future threat then move DV and mahila mandal case against your wife and this case should be file by your mother.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
Your mother may file domestic violence case against her. You cannot file defamation case against her since no case is ended in your favour.

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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
The custody of the child will be granted to the parent who can take better care of the child.
Moreover, a case for divorce may also be filed with the family court to seek divorce.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

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A.Hi,
A case for divorce may be filed by your brother on grounds of cruelty.
However, the custody of the child will be given, keeping in mind the welfare of the child.
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Vidhi Samaadhaan Vidhi Samaadhaan

Rajaganapathy Ganesan

Responded 3 years ago

A.File a police complaint. Child custody will be determined after examining where the welfare lies.
Regards
G.Rajaganapathy
High Court of Madras
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Advocate Niyas Fazal A

Responded 3 years ago

A.You can complaint in police station under section 503.
Both parents have equal rights you can file custody application before family court and file divorce case also.
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Vidhi Samaadhaan Vidhi Samaadhaan

Siyaram Sharma

Responded 3 years ago

A.1. Till 6 yeats of son, only mother is haveng custody, after 6 father will take custody by court order.
2. If she is giving more problem to your family, your family also file the case against her in DV and IPC
3. Your brothet shoud file a divorce case in Family Court.
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