Shyam Choudhary
in Family Law Criminal Law
Asked August 03, 2017

False case by brother's wife

  • 3 Answers
  • 616 Views

Few month ago my elder brother was suffering from mental problem due to his wife's behavioural problem. She had created a dramatic situation in our home. Actually matter is very long. I cannot explain every thing here but we are in problem now. Her parents took her and filed an FIR against my family and brother. She is telling that my brother used to beat her and made rap with clients and asked for money, etc. in front of local court judge. Girl's side family want money around 15 lakh which we cannt afford. We want actual justice please come with real solution and contact me soon what to do in this case. thank you.

Answers 3

Legal Advice

1. The facts given are not sufficient to give you proper legal advice.

2. It is necessary to study document of mental problem of your brother (if any) It is advisable first to defend the matter legally and then try to settle amicably with proper approach & with legally expert middle man.

Agree Comment 0 Agrees about 4 years ago

Respected Sir,

Better Advice can be given you only after talking to you., as there are many possibilities.

The facts given are not sufficient to give you proper legal advice.

Better if you are clear about your Location while putting the Query.

For further Query and Better Advise

Feel Free to Contact on Nine Two Seven Eight Four Five Seven Eight Two Two/Nine One Three Six One nine seven Nine Nine Two

Adv.Shuchi Agarwal

Agree Comment 0 Agrees about 4 years ago

Sir,

With limited knowledge of the incident provided by you, it seems that your brother’s wife must have filed a case against your brother and his family under S. 498A of the Indian Penal Code, 1860. Now, it is in the investigation conducted where the truth of the situation arises and generally the Court passes its judgment based on that. However, as per the recent Supreme Court judgment, Rajesh Sharma v. State of UP, for allegations under the above-mentioned section, the Court ordered for the constitution of ‘Family Welfare Committees’ in every district to investigate these allegations before lodging a FIR in the police. The rationale given by the Court was that this above-mentioned section has been misused by women for quite some time now. As the Court has deemed it appropriate to recognize the presence of such abuses, if you’re brother’s situation falls within the ambit of such misuse, he and his family will be acquitted.

Also, as you have mentioned that your brother is mentally ill, if he was so during the time of the incident, he will be eligible to the defence of general exception of insanity under S. 84 of the Indian Penal Code, 1860.

Agree Comment 0 Agrees about 4 years ago

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