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My sister in law has filed a false complaint against us what to do.
24-Dec-2023 (In Divorce Law)
Query is on behalf on my brother in-law , who have been married for 8 year and got a 6 year old kid . Recently, he has lost his job & his wife left for her home citing reasons that he is not capable to manage the family and seeking divorce for no apparent reason . Now they (wife and her father)started false allegations such as harassment & threatening to file a police complained unless we pay the money that they are demanding . She seems to loves only money & lived with him in luxury and ripped him off as much as possible which left him with huge debt . How can we defend our stand if they file a police complained ? Should we take anticipatory bail for him and his parents ? Would court grant the compensation for wife easily , when she left him ? How long court usually take to settle such disputes ? asking this question as we don't see any option for out of court settlement .
The husband is legally bound to maintain wife and children to meet the necessities of their life, within the reasonable earning capacity and status of the husband.Here in this case, from the limited amount of facts, it is clear that the wife has deserted the husband. This is a concrete ground for the husband to file a case against his wife for the restitution of his conjugal rights. As there are no specific incidents of matrimonial cruelty raised against the husband, and in that case where the wife and her parents are not so very influential with the local police to file a false complaint of cruelty against the husband, there is no need of an anticipatory bail at this stage. All that she can file is a case of Domestic violence seeking immediate protection order and maintenance from the husband or an MC case at the appropriate family court for monthly maintenance for herself and child. Further conclusions can be arrived at by examining detailed facts and circumstances.
Helpful?
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The query contains more of opinions and adjectives than facts which are material to the alleged complaint and its perceived falseness. The simple suggestion that could be offered is to defend the complaint if you are so sure that it is false. Please post the simple facts devoid of your sujective opinions so that suggestions could be offered.
Helpful?
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Adv. P Venu
Vaikom | 500+ Answers
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