Divorce and maintenance

Dear client,

Yes, your brother's wife can file complaints against him, even if he did nothing wrong.

Some of the possibilities are-

Domestic Violence (DV) Case – She can file a complaint under the Protection of Women from Domestic Violence Act, 2005, even without physical violence, claiming mental or emotional abuse.
Dowry Harassment (IPC 498A) – She may falsely allege dowry demands or harassment. This is a serious offense, but your brother can defend himself with proper evidence.

Maintenance (CrPC 125) – Since she is pregnant, she can seek monthly maintenance for herself and the unborn child. Courts usually grant some financial support, considering your brother's income.
Divorce and Alimony – If she files for divorce later, she may demand a one-time or monthly settlement.
Police Complaints – If she complains to the police, they might call your brother for questioning.

These are some of the precautions your brother can take-

Collect evidence (messages, call records, witnesses) showing he never mistreated her.
Try for mediation through family elders or legal channels.
File a counter-case if she makes false allegations.
Get legal help from a lawyer for anticipatory bail if a false case is likely.
If she is only seeking maintenance, courts generally grant reasonable support. If false cases are filed, your brother must fight them legally with proper defense.

You need to contact an advocate for a tailored discussion and advice.

Dear Client,
There is no bar to making a complaint against a person if she/he is aggrieved with the act or conduct of that person, She can file a complaint against her husband and his family members who subjected her to domestic violence in the local police station under Sec.12 of the PWDV Act, 2005. Under Section 12(1) of the DV Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act that include the right to reside in the shared household, prohibitory order and residence order. She may apply for judicial separation or divorce on the grounds of mental cruelty to resolve the matter permanently. Either spouse can obtain a decree of divorce if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. If there is no possibility and no scope of mutual consent divorce, she can file a one-sided/contested divorce petition before the Family Court praying for a decree of divorce and seeking maintenance or alimony from the husband both under Sec25 of HMA and Sec.125 Cr. PC. Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the custody of a child below 5 years of age is given to the mother. Hence, if the situation so warrants, hire an Advocate to navigate the issues in the right way.