Restraining order
8 months ago
My brother is an NRI residing in USA, he is gone for second marriage as he lost his first wife due to health issues. The one whom is married to is a divorcee from her first marriage.
Now my brother is married in 2021 and they now have a child of 1 yr. My parents visisted my brother in Apri''23 and was shocked to see the behaviour of my brother wife. She is mentally sick and doesnt have control on any thing she is into. She uses abusive langugae and humiliates in social network by making false allegations by disrespecting her husband and in laws. She is was blacking my parents about lodging complaint with 911 and she did it ones. Shocked by the act of this female they returned to India in Aug after a stay of 2 months.
Now my brother and his wife are not in terms and not staying under one roof from the past 15 days. My brother wants to return to India but she doesnt want to leave USA and harassing him by threateing DV case aganist him and us.
Can we ask for a restraining order from local court in india by showing the facts mentioned. Pls guide us
To address the situation and explore the possibility of obtaining a restraining order from a local court in India, you may consider the following steps:
1. Consult with a lawyer: It is advisable to consult with a lawyer who specializes in family law and has experience dealing with international matters. They can analyze the specific facts of your case and provide guidance on the legal options available to you.
2. Evaluate jurisdiction: Since your brother and his wife are currently residing in the USA, it may be necessary to determine the appropriate jurisdiction to handle the issue. Consult with your lawyer to assess whether the matter can be addressed in India or if it falls under the jurisdiction of the courts in the USA.
3. Gather evidence: Document instances of abusive behavior, threats, and harassment. Collect any evidence such as screenshots of social media posts, messages, or any other form of communication that support your claims. This evidence will be crucial in presenting your case and seeking legal recourse.
4. Explore mediation or counseling: Consider exploring mediation or counseling as a means of resolving the issue amicably. Mediation can assist in facilitating communication and finding mutually acceptable solutions. However, this would require the cooperation of both parties involved.
5. Pursue legal action: If the situation cannot be resolved amicably or through mediation, your lawyer can advise you on the appropriate legal action to pursue. This may include seeking a restraining order or protective order against the wife to prevent further harassment or harm.
It is important to note that the specific laws and procedures relating to restraining orders can vary between jurisdictions. The success of obtaining a restraining order will depend on the specific facts and circumstances of your case, as well as the interpretation of the relevant laws by the court.
Thank you.
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