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SThe only thing here to do is to get a good lawyer. Ask your friend to do not delay and hire a reputed lawyer, Your friend could be convicted of false rape and the girl’s lawyer will definitely suggest this once the case move forward.SNo but it takes two person to want to stay in the relationship and if one wants to file false cases, if you don’t hire a 3 lakh lawyer than be prepared to go to jail. That’s it.SUnfortunately, in Indian courts, if the girl is dead, whether suicide or by murder, then there are very less chances of her harasser being convicted, so your brother will not be in much trouble in the case she commits suicide. What you should be worried about is false rape case she can put on your brother which always proves to be more dangerous for a man than if he genuinely commits murder. Be prepared legally with lawyer ready to reply to any legal notice and get your brothers mobile to search for any sexting which can be made to look like they had sex for example sexual fantasy talk and such. Inform your lawyer if any such thing is found.SDon’t cheap out here. Most of the time men are screwed because they hire a lawyer suggested by their Mama-Chacha because a good lawyer charges 2-3 Lakhs while a chhaate wala lawyer will do it in 20-50k. Many will also tell you that the law is same for both 50K lawyer and 3 Lac lawyer will be same and they will not create a law out of thin air. They will be right, but a good and reputed lawyer will get you advance bail and make sure you won’t have to stay in jail during the case duration and have to commute to the court where case is filed (Wife’s hometown 99.99% of the times) less frequently like Atul Subhas had to.SIf they are earning, then even if they are in debt, you will not have to pay anything. No one can force you to interact with them but as I said before they can harass you by filing the case. Just cut them off. Focus on yourself.SNAL, So sorry to hear this. These kind of people do irreparable damage to the society.
Unfortunately, Under Section 144 of BNS, your father or mother, unable to maintain himself or herself can file a case against you for maintenance. This is also the same act under which a wife gets the maintenance from her husband.
Thers’s also Maintenance and Welfare of Parents and Senior Citizens Act, 2007 under which adult children have to provide monthly allowance to their parents to sustain them.
If your parents earn enough themselves, then you will not have to pay anything but they can harass you by filing the case for 2-3 years as this much time is taken by courts to decide the case.
SNAL, but many family members are. That is absolutely not legal divorce in any way anywhere in India and any lawyer who agrees to do this is scamming you. To get the mutual consent divorce in India you have to file a joint petition in the court and mention the alimony, child custody and support and property division in the joint petition and specifically mention that there are no children, and wife is foregoing the maintenance and alimony if its not required.Most importantly, you have to submit proof of failed reconciliation attempts to save marriage. Then you both will appear in the court on the day of your hearing where court will give you both a cooling of time which is typically around six month and then you will appear in court again and if the court is satisfied that both parties have followed all legal requirements and that the mutual consent is genuine and none of you is blackmailing/threatening the other for divorce, it will grant a divorce decree. There is NO OTHER way of mutual consent divorce in India.
What your in laws are doing will live you open to many times more maintenance amount and alimony claim than you would typically pay in future and even prison sentence if they change their mind.
Hire your own lawyer, or get screwed in future.
SAnother foolish statement from a legally illiterate person. Please stop giving your opinion at least on legal sub here if you don’t know the law.SIt is a marriage in the eye of the society which both his and the girls’ parents seems to put higher value than the happiness of their children.SAre you retarded? Sign an affidavit? Affidavits and prenups are an imagination of fools who are unfamiliar with Indias legal system. Court will dismiss it in a jiffy. They will say that you have pressured them and threatened their life to sign the affidavit, and you will be screwed. No Court will honor the affidavit. The person above has given valid advice. Think it through.SFirst you and your family should also talk to a lawyer even though you are a woman to be prepared for upcoming false cases. Remember that one of the top reasons women are arrested in India are DV laws and 498A.[https://timesofindia.indiatimes.com/1-in-10-women-arrested-in-india-is-from-maharashtra/articleshow/94735026.cms](https://timesofindia.indiatimes.com/1-in-10-women-arrested-in-india-is-from-maharashtra/articleshow/94735026.cms)
Ask your cousin to hire the top lawyer in his state even if they have to sell their property. Top lawyers know the nuisance of the laws and can better help your client so that he and your other family member won’t have to languish in jail waiting for bail.
SYou have posted in r/LegalAdviceIndia so you will get the legal advice which is to ask you sister to file case on her husband and in-laws. Thats the only legal thing that is you can do. There is no legal provision in constitution which can suddenly make your sister’s in-laws not greedy.You need to understand that if they are showing this behavior now, they will not stop. A person who is this greedy at this age will not suddenly become a good person. They will remain the greedy scums that they are.
Everything depends on your sister. If she is ready to file the case on her new family or simply wants divorce than hire a GOOD lawyer and file the case, if your sister is not ready for that, leave her be and stop talking to her in-laws. She will either disillusioned with them in few years or will adjust, and you can do nothing. As for your old-fashioned parents, tell them that you will stop talking to them and won’t care for them in old age if they talk to the in-laws. Basically, blackmail your parents by threatening them. This usually works on old fashioned people. Keep an eye on your parents’ property so that they don’t sell them behind your back to give it to your BIL. This will also protect your sister as if you accept their demand once, they will demand again and again and will again threaten your sister.
SYes, alimony is still applicable. In July last year, Supreme court has stated that all married and divorced Muslim women are entitled to claim maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC), 1973 which till now was not applicable to them.Section 125(4) explicitly states that a wife who is living in adultery is not entitled to receive maintenance BUT courts have held that few isolated adultery acts by wife no bar for alimony. (https://www.newindianexpress.com/cities/delhi/2022/Apr/15/cruelty-isolated-adultery-acts-by-wife-no-bar-for-alimony-delhi-hc-2442217.html)
Now, it depends on judges to define what isolated adultery acts are, meaning if whether cheating was once or thousand times, judge will decide whether it was adultery or not and most of the time unless wife is living in with someone else they consider it isolated acts. .The best thing your friend can do is to take his loss and divorce and pay whatever court decides otherwise he will have to pay for someone else child also.
