90+ Lawyers are online 
Sister in law threatening to file false domestic violence case
08-Jan-2023 (In Family Law)
Hi, I'm an Indian Jain student, studying doctorate in america. My brother (jain) got married to a girl (SC caste) five years ago in a court, at that time both were working in Indian Navy. After one year of pressure from the girl and her father my brother arranged a (cover up) social marriage at their native place (Gaon). The moment they got married me and my mother (my father deceased many years ago) were asked not to live with my brother as she kept on threatening my brother that she will either fill a lawsuit or she/her father (retired army officer) will kill all of us. So, I and my mother never went to their place and they used to come to our home once in a year that too for not more than days. Me and mother went to them once and planned to stay there for 7 days, but she created a brawl and we're ashamed to leave the place on the very 4 days. 1. Can she make me a victim (in her petition for domestic violence or something like this) or somehow legally force me to come back to India?
Cases of these kind have become norms in india and the alleged victim sometimes uses it to harass the in-laws but here I have some remedy , since you had not gone there for the sole purpose of harassing her or beating her more specifically, although these cases do create some fear but there is no need to be worried about as you stayed there only for few days and that too within the presence of your brother . Although she might name you in the complaint but that itself will not suffice the material facts available in your favour..
Helpful?
40+
40+
Adv. Suneel Kumar
Delhi | 200+ Answers
CONTACT NOW
She could frame you in the case but she need solid evidences to include you in the case as you and your mother had never went there but once and she made a scene there. What your brother says in the matter? Does he wants to live with her.
You have not given full details. If a case is instituted and you are asked to appear then you may give special power of attorney and he will appaer on your behalf
You have not given full details. If a case is instituted and you are asked to appear then you may give special power of attorney and he will appaer on your behalf
Helpful?
47+
47+
Adv. Lalit Kumar Sharma
Delhi | 100+ Answers
CONTACT NOW
Yes she can make you and your mother victim in her petition and if she file any case against you then u have to appear before the court.
If you want to be come out from all this you have to b alert.
If you want to be come out from all this you have to b alert.
Helpful?
45+
45+
Adv. Deepak Rathore
Delhi | 100+ Answers
CONTACT NOW
Dear Friend i can very well understand your concern and honestly she can make you part of such domestic violence complaint or any other complaint if she plans to file. The incidents she is doing are most possible being manufactured by her to create evidence for any future planned litigation against you or against your family. You should either wait or make a representation against her to the local authorities including police of her intentions of falsely implicating you in such case. Further if your brother doesn't want to live with her then file for divorce and get separated and since the village property must be in the name of your father and if its a self acquired property of your father then you can seek possession of the same from them. Still i would stay its too early to predict anything.
Helpful?
25+
25+
Adv. Harshit Jain
Delhi | 100+ Answers
CONTACT NOW
She can make you a party to a domestic violence case, but domestic violence has to be proved in the court. Moreover, the court generally before summoning considers the domestic relationship between the parties. Hence, you are not covered under domestic relationship or are not sharing a same household. Therefore, it is up to the court whether it will summon you or not.
Helpful?
48+
48+
Adv. Vikramjeet
Delhi | 25+ Answers
CONTACT NOW
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
