quesWhat to do if brother's wife accuse family of false dowry case?

My brothers wife is not staying with him since Aug 13 and she left our home as my parents due to health issues were not able to support her job decision and take care of her daughter who was 2.5 yr old that time. Now we got a letter from CAW cell branch to appear there.

 

The issue from our side is my brother was careless towards the relationship but her all responsibilities were taken care by my parents. What if the lady under her father influence put us in some false dowry case which is totally wrong? Please advise.

 

  • ans 

    See if the wife is not happy in the relationship and has already been living separately since August 2013, then you should probably speak to her if she is willing to get a divorce and both your brother and his wife can file a petition for divorce by mutual consent. 

     

    Prior to that you can enter into a settlement agreement on the distribution of assets, maintenance, alimony etc.

     

    If she is not willing to go for a divorce, then firstly intimate the police by way of a written intimation that you suspect that she is going to file false case against you. Collect evidence to prove that no dowry was demanded and no incidence of domestic violence ever took place.

     

    Thereafter, your brother can file a petition for divorce on the grounds of mental cruelty under Section 13(1) of the Hindu Marriage Act. This can be easily proven by the fact that she left her matrimonial home leaving behind her daughter and old in-laws.

     

     

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Criminal lawyers in India

Criminal Lawyers

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 13 years


Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 23 years


Advocate Sunil Dalal

  New Friends Colony
 Experience: 19 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly