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2 yrs ago

Anonymous asked a question (Edited)

Preventing 498A case from wife against mentally ill husband

Category : Family Law

views: 350followers: 0 answers: 2

My brother (British born citizen) has been diagnosed with schizophrenia since 2006. He is unable to look after himself and make decisions (in a legal capacity). My parents arranged a marriage with an Indian girl in 2014 who they found through mutual relatives. The girl and her family were fully aware of my brothers mental illness and they had met on several occasions beforehand. The girl had gone as far as to say there isn’t any need to meet my brother as she had left it to destiny - however we insisted they meet. My parents had informed her family that they are looking for someone to look after their son as he requires day-to-day care. The girl obtained her spouse visa mid-2014 and arrived in the UK. She was then granted an extension last year until the end of 2019. Throughout the years we have come to know that she was purposely not giving my brother his schizophrenia medication (his condition got worse and she made an excuse saying she had been giving him a homeopathic medicine instead). We also found flirtatious messages between her and another guy on her facebook. She would constantly vanish leaving my brother at home without informing us that he was alone (my brother cannot cook for himself). My mother took my brother and his spouse to India last month to discuss things with her family. The girls parents made it clear that they want my parents to keep their daughter in the UK until she gets her ILR. My mother made it clear that we cannot apply for her ILR as the relationship has broken down. The girls family then got the police involved in India while my mother and brother were still there. They demanded either 50 lakh rupees (£50,000) or that we agree in writing to ensure she gets her ILR. They said otherwise they’ll file a case (I reckon it will involve a 498a dowry case). My mother and brother have returned to the UK, however the police are harassing my grandad (who is an NRI) constantly. There are no kids involved and my brother has no assets or earnings and is supported by the government for his care. I would appreciate any advice on what steps we should take to prevent any cases in India? Thanks

  1. 2 yrs ago

    Alternative Dispute Resolution

    If any case is filed by d girl or her family members, d same can b challenged on d point of jurisdiction as nothing hs bn alleged to b comitted in India. Mere solemnizing marriage in India is no offence. On d other hand d threat bing given by girl or her family members come under d purview of extortion. 

    Agreed (0)
  2. 2 yrs ago

    Advocate Jai Prakash Narayan Gupta
    Administrative & Public Law

    Before proceeding with any solutions, the examination of documents is required, so as to know the actual truth as per law. Here are some pointers which are required to be looked upon, only then can we come to a conclusion.

    1. Reports regarding citizenship proof.
    2. Marriage certificate.
    3. Terms and conditions for getting involved in this marriage.
    4. Time spent by her with your brother in UK.
    5. Place of marriage.
    6. Mode of marriage. 
    7. Religion of both the parties.
    8. Proof of the disease faced by your brother.
    9. Proof that the girl was aware of the disease and the terms and conditions you have stated above prior to marriage.

    If all the things are positive and in favour of your case, then in that case a writ-petition can be filed in high court for getting a positive direction in favour of you brother as well as his parents/relatives.

    Agreed (1)

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