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Parents have disowned brother. Bhabhi threatening to file false case.
02-Sep-2023 (In Divorce Law)
My brother's wife is threatening to commit suicide. She is also threatening to false case against me and my parents. What can i do safeguard myself and my parents? My parents have already disowned my brother.
go to the police station and tell the whole story about the incident which was going in your house and ask the police officer, and thereafter you have to record or video when she said about the said story which you ask the question.
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Adv. Sandeep Singh
Delhi | 100+ Answers
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Incase your brothers wife and you all are living together, you can just file a complaint in the police station informing the police regarding your bhabhi's conduct, her mental state etx so that in case something happens atleast the police has the info. regarding her intentions. You people can also tell your brother to live separately at some other place.
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Adv. Jiwan Pal Singh
Delhi | 100+ Answers
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There are several things to consider in such a situation. First and foremost, anticipatory bail should be applied for to the concerned sessions court under Section 438 of the Code of Criminal Procedure, 1973 which will provide you with a court order that requires your release on bail in the event of arrest. This should be done at the earliest and is an effective measure to safeguard your liberty in the event of a false case being filed against you or your family.
Indian Laws are weighed against the husband and the in-laws in such situations. For example, under Section 304B of the Indian Penal Code, 1860 an adverse presumption may be drawn against the husband and his relatives in the event of an unnatural death of the wife within the first seven years of marriage. A suicide is an unnatural death for the purpose of this section.
Another course of action which can be taken is to file for divorce on grounds such as cruelty. Custody petitions may be required if there are children involved. A criminal complaint could also be filed as threatening someone with the accusation of an offence or filing false cases are punishable offences under the Indian Penal Code, 1860.
Further, you may also require the assistance of a counselor/psychiatrist of an NGO which may be able to intervene if you feel that she will act upon her threats of committing suicide.
Indian Laws are weighed against the husband and the in-laws in such situations. For example, under Section 304B of the Indian Penal Code, 1860 an adverse presumption may be drawn against the husband and his relatives in the event of an unnatural death of the wife within the first seven years of marriage. A suicide is an unnatural death for the purpose of this section.
Another course of action which can be taken is to file for divorce on grounds such as cruelty. Custody petitions may be required if there are children involved. A criminal complaint could also be filed as threatening someone with the accusation of an offence or filing false cases are punishable offences under the Indian Penal Code, 1860.
Further, you may also require the assistance of a counselor/psychiatrist of an NGO which may be able to intervene if you feel that she will act upon her threats of committing suicide.
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