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Wife and inlaws threatening to file police case
05-Sep-2023 (In Family Law)
My brother and his wife has regular argument and she often mentioned of divorce and police case. Even her parents mention the same of police case when had a word with them. So, I want to know what should I do for all (brother, parents and me), anticipatory bail or any other procedure to get way from any harm and embarrassing situation. And I don't want my brother's wife or anyone know about the proceedings.
Don’t be afraid or don’t go for anticipatory bail at this time. Let her do the first step and then it can be handled. You don’t need to worry a bit in regard. The situation of arrest in such cases has changed. If she does anything get in touch. Till then don’t take a step from your side.
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Adv. Salil Tripathi
Delhi | 100+ Answers
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Hi first of all u can sit with them and talk with them and try to take out the solution if this all doesn’t work out then they can mutual agree for divorce and be seperated what is the argument and all about why is she threatening to do so such what was the exact reason is she living still there if so then find out what happened and all
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Adv. Yash Karan Jain
Delhi | 400+ Answers
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Family laws are inclined towards women. In your case if she is threatening of false criminal cases and divorce then take her threats on record and file for divorce on ground of cruelty before she does.
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Adv. Tarun Sharma
Delhi | 25+ Answers
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Hi very unfortunate situation but now arrest cannot be made for in laws until the DSP orders in Domestic violence case and but multiple false cases can e filed and it can lead to stress and inconvenience and reputation can be affected by the same you can take anticipatory bail but that is for limited period try and resolve the issue peacefully or mediation of court btw the party
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Adv. Madhu Tyagi
Delhi | 200+ Answers
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Repeatedly slapping false allegations , I'll treatment to husband's family, by wife is a mental cruelty and a ground for divorce.( Mayadevi Vs Jagdish Prasad, is the judgement of Supreme Court pertaining to the same issue. )
Secondly unsubstantiated allegations by wife and repeated threats to implicate in police case, suicide also is a type of mental cruelty by wife on husband and as per Narendra Kumar Vs K Meena Judgement of Supreme court is a sufficient ground for divorce.
So instead of playing a hide and seek game of filling petition and not letting her know etc, it's better you take this ground and ask your brother to file a Divorce petition on the grounds of mental cruelty.
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Adv. Rajnish K Singh
Delhi | 25+ Answers
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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.
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