Raiway accident claim benefit fraud
I need legal advice regarding my sister case.
My snged marriage. By occupation her husband is Advocate. Unfortunately my sister meet with a Railway accident on 20th July 2009. After that she was admit in hospital around 3 months & She went in COMA & uptill now she is not oister got married in 20th April 2008 by arraut of COMA. When she get discharged from hospital her send her in our house(Father's home) by emotionally black mailing to my parents & my parents also agree by hoping she will recover early.
Her husband file case on railway for compensation about which my parents has no idea. My parents had full trust on him as he said he love my sister & he will not left her.But with time his behaviour goes on changing. After 3 years in 2012 he filed Divorced case by appointing my parents as guardian because my sister is in COMA & she could not sign. While taking divorced orally he promises my parents he will look my sister & for second marriage he is takeing divorced. When her alimoney question raises he said my father i lost my job & now i don't have much money to give , keep trust on me i will gave more if i got better job . so please signed on divorced paper. My parents think about his future & signed on divorce paper. He take divorce on Consent term that he will gave Rs.400,000 & gave her Railway accident claim benefit after deducting advocate fees & necessary charges.At the time of divorced he said(orally) to my father that Railway case is pending & uptill now i didn't get any compensation.
After divorced 2-3 months he was not called my parents & not responding to their calls. So we called his parents they told he his out of town & we don't have any idea about the railway case. So I went to the Western Railway Department to enqire about case & I was shocked when they said me that case was over in 25/11/2011 & we gave compensation of Rs.4,52,658 by DD dt.16/04/2012. in favour of my sister's name. When i made enquiry with reserve bank in respect of this DD & in which bank A?C this DD was cleard. Then they told us this DD was cleared in Shalini Co-operative bank Chinchpokali branch. In this branch my sister had no account. so i made enquiry in this bank they told me this account was opened in April 2012 & now closed & it was an joint account. At this time my sister is not in positioned to signed any paper so i was surprised how this account was opened? Then i told my parents all this story then my mother said My sister's husband came one day with some document & he took my sister's thumb impression & told My mother I m taking for mediclaim. My mother is uneducated she kept trust on him.
After that in june 2013 he called my father & said i got railway benefit after deducting charges whatever amt left with me take away. When my asked the details about expenses he said my father u make enquiry with department. In july he sent letter to my father for taking the claim amount but in letter also he didnot gave us any detail about expenses. Again at the end of july he sent same letter. Then in August i sent him letter that u cheated my father & court & not giving us any details about the claim amount & expenses. then at the end of August he replied to letter writing i don't have any legal right to sent him letter & he will sue me if i do this again. & said I already sent u DD of Rs.2.52,658 in thhe 2nd letter which he sent at the end of july. But actually we are not in receipt of such DD & he attached a photocopy of such DD.
After that we decided to take legal action against him if there. so we meet my father's friend who is Advocate he sent letter to Oshiwara police station on our behalf. after that inspector called my father & my sister's husband regarding our complaint. At that time he said i already sent DD by post if they didn't get i m ready to gave DD of Rs.2,52,658 but they have pay me Rs.1200 for DD charges.& he gave a long list of case expenses & told inspector the bank account was opened by my parents instruction & they took thumb impression on paper. Inspector needs proof which we don't have & he said i will not make any enquiry regarding expenses untill i got order from court. If want DD which he is ready to give then i will help u.
Sir/ Madam we are ordinary people & we don't play such politics which my sister's husband played & played with my our emotions. So sir guide me can I have legal right to take action against him instead of my father?
What is the legal procedure?
Can we get full amount of claim benefit?
What punishment he will get as he is advocate by profession( He is not in practice)?
Can we cancelled the divorced ( Divorced date was 08/03/2013)?
How much time the case proceeding will take?
Asked 4 years ago in Criminal Law from Mumbai, Maharashtra