• Problems with my brother in law

My brother in law is in army and since several years he is drinking too much. Even he has undergone some treatment under army for 2 years. My sister used to stay with him along with their son. Gradually his drinking increased and my sister used to bear that. But after some time he started beating (3 4 times). We have earned him once. But he did not quit. Then after kuch humiliation and mental torture my sister told us and I brought her with me and my nephew . They stay with us and I bear all their expenses. Buy since then my brother in law is troubling us too much. We have told that she will not go with him and he has to take a room in rent near our and their native place and my sister will stay there with her son so that the kids can study properly and he will go to his duty and come when ever he will be on leave. But he is not arguing and he is not listening to his family members also. He is troubling us too much. Need some legal advice. What will be the consequences.
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

Hi, it is advisable to file a maintanance application under section 125 Crpc ... Your sister and nephew can get upto 40 percent of his salary as monthly allowence.

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Your sister should file for divorce on grounds of mental cruelty

2) husband assaulting wife amounts to mental cruelty and is ground for divorce

3) she should seek interim maintenance for herself and kids

4) sole custody of her children

5) also alimony from her husband

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

1.What trouble he is causing to you? You can lodge a police complaint against him for causing trouble to you.

2. Your sister can lodge complsint to the reporting officer of her Husband and he will then be seriously reprimanded by Indian Army.

3. Your sister can also appeal for sending her part of the salary of her husband for her and her child's maintenance which will be accepted by the Army Authorities in normal course.

4. However, getting rid of the drinking habit of your brother in law is the most important issue in the whole matter which you shall have to try by negotiating with the Artmy Authorities.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Tell your sister to file a complaint case under Section 12 of DV Act to seek multiple remedies against him which include protection and injunction order to restrain him from communicating with her directly or indirectly. Under DV Act she can also seek maintenance for herself and child and also alternative accommodation at her husband's expense.

2. A FIR can be lodged against him under Section 506 IPC if he is intimidating you.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Sir, it is better to file a police complaint against him for cruelty and beating under IPC and Domestic violence act she after complaint police shall call for counselling at that stage if he agree to give in writing he wont beat and he will behave then take back complaint and make an compromise deed, in case his attitude is not changed proceed for FIR.

Ask maintenance under DV act and 125 crpc for wife and 125 crpc for child.

Also a complaint to Army board can be made and maintenance can be asked army has such provision.

But first try to resolve the issue so that there is no question of Divorce arise,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

First you need to decide if your sister want to go for divorce. The future course of action can be decided after that.

Anyways your sister have remedies to claim maintenance from husband and share in his property.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. Talk to your BIL to resolve the dispute the amicably. His drinking habits may be the outcome of some reason or may be out of his professional stress.

2. The issue involving this dispute does not appear to be too serious and hence you can well tide over this by mutual discussion and understanding.

3. Do not think in terms of breaking this marriage. Give time to this marriage. It is capable of being worked out.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

inform the matter elaborately to his office and seek help with protection. in that application a prayer also made for distribution of his salary for well being of the children. matter will be solved immediately.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

Dear Sir,

Ask your sister to approach directly in person to the higher officer and give a representation and they will pass orders to put at least 50% to 60% salary directly in to your sisters account. Secondly your sister may file DV case with following releifs.

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

Hello,

First a complaint against him can be lodged.

An application for maintenance can be given to his chief, which will be directly paid to the wife and the children.

if she wants to take divorce then the same can be filed on the ground of cruelty.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can ask your sister to initiate proper legal steps in this regard.

First she can approach his unit commander with a letter describing all his such illegal activities.

She can even lodge a criminal complaint against him for harassment and creating nuisance.

She can file even a divorce case if his tortures are intolerable.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

Complain to his CEO . All thing will solve.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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