• Justice for sister

Dear sir/madam,
My sister was married (love marriage) and legalized that time with an affidavit. No temple marriage was performed because the boys parents not endorsed this marriage. The boy was intentionally married to claim money from my decesed father.
My father passed away last year.
He took rs 500000 in cash and modgazed my fathers property where my father is a guarantor, took loan of rs 20 lakhs.
They stayed together for 3 years with no children and there are fights between them. Boys brother has beaten my sister in humanly with a stick when she visited in laws. Police complain was lodged by my sister. There is case filed under section domestic violence.

After that the Boy deserted her, leaving her alone. Now she struggling everyday.

So now question are
1. Since the affidavit has no value, will they considered married couple since stayed together for 3 years as per supreme court guidance in 2010?
2. Will she claim matrimonial allimony from the boys property?
3. How can i get back my deceased fathers property document since It is modgazed ?
4. Can we suit Case for his criminal conspiracy?
5. What to do now to get our money back and to get allimony ?
6. What to do punish the accused ? Can we file 498a ?
7. What are the ways to provide justice to my victim sister And punishment for the accused ?
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

1. If the marriage has not taken place as per the hindu rituals then they will not be considered as marriage under the law. But in the light of the order of the SC they will be deemed married since they were living together.

2. She can claim.

3. If you have received some money being the legal heirs then you will have to oblige by the promises made by your father during his lifetime.

4. Yes you can

5. You may file a case for alimony in the family court, but he can take a defense that the marriage was void and at that time you may take the defense of the order of the SC.

6. Yes you can file 498A

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

NO valid marriage but she is entitle to maintenance as they were living as husband and wife.

File criminal FIR of cheating and Criminal breach of trust.

File case under protection of women from domestic violence act.

Sec 498a and anti dowry law applies to live-in relationships as per supreme court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

It is relationship akin to marriage

2) she can file DV case seek alternative accommodation from husband, maintenance from him , compensation for mental torture undergone by her

3) also file dowry harassment case against him under section 498A ofIPC

4) you would not get alimony but maintenance under DV act

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

1. Sir in view of supreme COurt judgement the court may take them husband and wife as before society they were living under same guise,

2. She can claim as of maintenance from the husband,

3. Sir file a case against the husband of your sister for cheating and illegally mortgaging the property of your father,

4. For criminal conspiracy a police complaint has to be filed though for criminal conspiracy there are ingredients which need to be satisfied.

5. Further for 500000 file criminal case and suit for recovery of amount and for maintenance wife can file crpc 125 application also maintenance under DV act.

6. Yes if there is physical violence and cruelty you can file a 498a case,

7. Sir the criminal complaint against him with evidence can be filed and same can be pursued to get him punished.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. She is married with that man as has been affiremed by both of them in the said affidavit. It is acceptable in the eayes of law.

2. She shgould lodge a police complaint u/s498A of IPC against gher husband alleging dowry harassment submitting evidence that he had demanded and taken Rs.5 lakhs in cash and forced your father to mortgage his property for the loan he has availed from the Bank. She shall have to produce acceptable evidence in support of her said allegation. She should thereafter file a petition u/s125 of Cr.P.C. claiming maintenance or file a petition in her DV case claiming maintenance from her husband.

3. You can not get back the original titloe deed of the mortgaged property of your father untill he pays back the entire loan amount taken by him from the lending bank.

4. No case for criminal conspiracy will stand in the instant matrimonial matter.

5. Getting the amount of dowry back migfht be difficlt since paying dowry s also a crime and it will be difficult for you to establish that you had paid Rs.5 lakhs to him in cash. However, your sister can get alimony from him.

6. Yes, fuile police complaint u/s498A of IPC as advised above.

7. File te above cases against him seeking justice for the crime committed by him.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

They will still be considered legally married as per the supreme court judgement as they were living together as husband and wife.

Sister can claim monthly maintenance from her husband if she is unable to maintain herself from our own income, not alimony.

You can file a complaint against him for the offence of criminal breach of trust cheating and criminal intimidation under section 406, 420 and 506 of the Indian Penal Code.

Also, Section 498 of the Indian penal code for the offence of dowry harassment can be added in the police complaint stating that your brother in law has forcefully mortgage your father's property and taken Rs. 20 lakh loan in lieu of the mortgaged property.

You can add the charge criminal conspiracy against the boy and his family, but two or more people are required to level charges for a criminal conspiracy, hence his family members should also be included.

Your sister can also file a petition for divorce on Grounds of cruelty by husband as the actions of a brother in law of constantly beating a sister, deserting her and cheating his father amount to cruelty upon the wife and is a valid ground for divorce under section 13 of the Hindu Marriage Act.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:-

1.Since the affidavit has no value, will they considered married couple since stayed together for 3 years as per supreme court guidance in 2010?

Opinion:- if they are staying together since three year as husband and wife then yes, but because there is no solemnization of marriage in any form of Hindu Law hence affidavit and marriage can be declare as null and void.

2. Will she claim matrimonial allimony from the boys property?

Opinion:- if the girl is ready to accept this affidavit is as marriage then yes she can claim maintenance and alimony from him.

3. How can i get back my deceased fathers property document since It is modgazed ?

Opinion:- its depend on the mortgage deed executed by your father, without knowing the contents of the mortgage deed I am unable to give your my best advise.

4. Can we suit Case for his criminal conspiracy?

Opinion:- yes, it can be but not only the conspiracy but you can file a case of fraud and cheating against him.

5. What to do now to get our money back and to get allimony ?

Opinion:- immediately file maintenance case against him if your sister is unable to maintain herself and she has no independent income.

6. What to do punish the accused ? Can we file 498a ?

Opinion:- if there is any demand of dowry or cruelty due to dowry then 498A case can be filed against him.

7. What are the ways to provide justice to my victim sister And punishment for the accused ?

Opinion:- she may file domestic violence case against him before the magistrate court and claim protection, right to residence, monetary relief, and compensation as per section 12, 18,19, 20 and 22 of the Protection of Women from Domeatic Violence act-2005.

She may file a maintenance case against him under section 125 of Criminal Procedure Code before the family court.

She may also file a divorce case based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955 and also claim alimony under section 25 of act.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1) Yes, she is legal wife of her husband and there are many SC case available.

2) Yes, She has rights to ask alimony from boy.

3) We need to check the mortgage deed and on whose name property is registered and under whose possession the property is as of now. you need to talk with Bank Officer's regarding this.

4) Yes, can be sued for criminal conspiracy.

5) We need to file case against them.

6) Yes, 498a and DV case against whole family

7) under all above points answer.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Apart from the domestic violence act She may lodge a complaint under Section 498A and dowry prohibition act along with divorce petition in the court.

You may file a civil suit in the Civil Court against your brother in law taking loan by mortgaging your property transfer from your father

Your system a claim all the amount that is paid towards the dowry as her marriage is valid from the family court along with the maintenance amount during the proceedings of divorce and permanent alimony at the decision of the by divorce decree.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. If they showed to the society as husband and wife, irrespective of affidavit or non-registration of marriage, such marriage shall be considered legally valid for all practical purposes.

2. Certainly, if the factum of marriage is proved, then she is entitled to claim maintenance.

3. Mortgage can be foreclosed by paying the outstanding loan.

4. Not possible.

5. File a petition before judicial magistrate to claim maintenance. Contact a lawyer to take you in the right direction.

6. File a complaint. Supreme court has changed the legal position recently.

7. File a petition for maintenance and register a complaint against her husband and in laws.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. Living under roof with all the features of a married couple makes the relationship akin to marriage and hence you sister can recourse to all such laws which are available to a legally married wife.

2. Yes, very much.

3. Without the consent of your father in writing his property could have never mortgaged. now if it was done egally then you will have to release the property only by means of foreclosing the loan.

4. No

5. Your sister can file case for maintenance under PWDV Act.

6. Yes

7. same as above.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. A marriage on the strength of an affidavit has no value in the eyes of law. A Hindu can marry either through rituals or marry under Special Marriage Act.

2. At the most it is a case of a live in relationship.

3. On the basis of live in relationship if your sister can prove that they projected themselves as married couple to the society then she can claim maintenance and also other reliefs under DV Act such as monetary compensation.

4. Your father is a guarantor to the loan taken by the live in partner of your sister. Unless the loan is repaid the bank will not return the original documents as the liability of a guarantor is co-extensive with that of the borrower.

5. 498A cannot be filed by your sister as there was no marital relationship. However, she can file a complaint under Section 323 IPC besides availing her remedied under DV Act.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. The evidence for marriage is sufficient to prove that they were married to each other, it is not pertinent to procure marriage certificate to establish their marriage.

2. She cannot claim share in the boy's property, but she can claim maintenance from him by filing a maintenance case under section 125 cr.p.c. as well as in DV case.

3. He has to discharge the loan in full after which it can be retrieved.

4. Lodge a criminal complaint o the basis of evidences in your possession.

5. For recovery of money you may file a money suit in the capacity of legal heir to your deceased father.

6. Yes, she can very lodge a criminal complaint with the police against the dowry harassment and other cruelties under section 498a and 3 and 4 of DP act.

7. You may follow the suggestions made above.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

My answers as follows:

1. Since the affidavit has no value, will they considered married couple since stayed together for 3 years as per supreme court guidance in 2010?

Ans: Your sister is deemed legally wedded wife of that guy. Even before such judgment Indian Courts needs no other evidence except self version of girl as married.

2. Will she claim matrimonial allimony from the boys property?

Ans: Yes, she entitled for alimony or maintenance.

3. How can i get back my deceased fathers property document since It is modgazed ?

Ans: You can redeem the properties by paying the loan amount from the amount which your sister get as alimony.

4. Can we suit Case for his criminal conspiracy?

Ans: Yes you can file such criminal case.

5. What to do now to get our money back and to get allimony ?

Ans: Just file maintenance case under section 125 Cr.P.C. DV case.

6. What to do punish the accused ? Can we file 498a ?

Ans: Immediately file it otherwise your case will become weak.

7. What are the ways to provide justice to my victim sister And punishment for the accused ?

Ans: Above stated 3 cases will give you justice.

-----------------------------

PRAYER

HENCE THE APPLICANT HUMBLY PRAYS

A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,

B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.

C) Pass orders u/s 18, in totality against Respondent No.1 to 3,

D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.

E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,

F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.

G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,

H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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