• To complain police

Dear sir,

My sister has been married to a teacher 28 years back and she had 2 kids (1 girl and 1 boy both crossed 18 +),My brother in law giving trouble for money since from the day of marriage.

Somehow we have not been complained him so far.He always take loan and use it for playing cards.
Till now my sister doen't have home ,4 years back he took house and within month he sold that house i have bought to save them.My sister has been staying in the same house with his husband(brother-in-law) along with childrens and my parents.

Now the issue is few months back he took loan about 6 lacks and 4 lacls he deposited for daughter for the sake of marriage ,From past week he is forcing us to get that money for his credits and also asking money from my sister .Some time its unbearable he is now saying house is mine like that .
Also threatening us that he will committing suicide etc .etc.

Now we are asking him to make one rented home and take my sister ,but he is refusing . Till now we haven't put complaint.If we put complaint police will arrest and we have no one to take care of my sister .
Of we not complain we unable to bear him his trouble and his bad mouth about family,daily scolding and big entertainment for neighbors. Please suggest how we can solve this ,We have to file legal notice to get the monthly compensation and he should move out of my house and make atleast rent house and take away my sister . please suggest
Asked 6 years ago in Family Law
Religion: Hindu

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15 Answers

Your sister should File DV case against husband seek protection order, alternative accommodation from husband, maintenance and compensation for mental torture undergone by her 

 

file for divorce on grounds of mental cruelty 

 

seek maintenance for herself and children 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Initially you can give NC in the police station so police officer will call him and give warning for whatsoever issues will be raised against him in the police station.

 

After giving warning by police officer still your brother-in-law do not turn on as good man than ask your sister to give complaint against him in the women's cell.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

You can file a strong Domestic Violence Petition seeking following reliefs.

PRAYER

HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. 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/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. 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.
  5. 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 Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. 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 Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

your sister can file a complaint before the police for harassment and also file a complaint under domestic violence act. And  also file a complaint under section 498A/ 406 in women cell of your area and also file maintenance under 125 Crpc.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file domestic violence complaint in police station or court along with maintenance application. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Let him be counselled by a professional counselor.

2. If your brother-in-law doesn't show any improvement, inspite of counselling, let your sister convince her husband to agree for Mutual Consent Divorce, wherein the matter of getting monthly maintenance and permanent alimony can be solved.

3. Your sister can file a domestic violence case against her husband.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Your sister have all the right to live with him in her matrimonial home there may be some problem in be family that can be sorted out by this question and increase there is any financial issue that can be sorted out by some financial arrangement at this stage after 28 years of the marriage it is not good to go for the legal study course however it is always suggested that the matter should be sorted out within the family the person who has got the house is ultimate owner of the property and he can take any decision about the disposal of the property and in case you are feeling that the person is not fit by mind then you can file  a petition in the court to get a stay order for sale of the property on the ground of insanity

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

ask your sister to file a domestic violence case against him and claim maintenance, accommodation, compensation, etc.

if he is staying in your house you can evict him from the house

 


what is the thinking of kids?

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. Ask your sister to immediately lodge complaint with the police. This is important if in the unlikely circumstances of his committing suicide.

2. Your sister did mistake by not informing the police for so long . You may do the same now.

3. Your sister must not allow her husband to enter into the house anymore . Else she can file case under PWDV Act wherein she will get maintenance and restraint order as well for entry of her husband in the house.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Let him commit suicide, he is of no use and burden. Better file police complaint and file application in court for maintenance and rent or separate accommodation. This is high time now.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

See at this juncture police complaint can be made on complaint police can call him if he agrees to settle leave the premises and take sister to rented premises then your sister can withdraw the complaint or can pursue the FIR. See legal notice has no binding he will neglect same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello, 

If you do not wish to file a complaint before the police then in order to threaten him you can send a legal notice to him through an advocate. 

Let me know if I can be of some help to you. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If the house belongs to you then you may issue a legal notice to him instructing him to vacate the house. 

Let him vacate and fix a rented house. 

If he's not agreeing then your sister has to take drastic steps to get the crisis resolved. 

She may have to initiate steps through police for dowry harassment or she may even plan to file divorce case against him if the situation is intolerable. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client 

You don't need to go to police for filing the case against your brother in law.

If you don't want him to be arrested your sister can approach court and file a case under Protection of Women from Domestic violence Act  in the court of Judicial magistrate Under section 12 of the act. In which you seek for protection order for your sister, Compensation, Maintenance and Residence order this case will be of great help to secure your sister and get her maintenance from her husband.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Firstly lodge a police complaint in Mahila Police station in Mysuru they will first try counselling him if he does not mend his ways as you said since it is your property you can file a suit for injunction restraining him from entering your premises.

Secondly being a husband he is bound to take care of his wife and children if he has failed file a suit for maintenance for your sister and her girl child. Its better to first try through police counselling if it does not work out file maintenance case as well as apply for divorce and seek permanent alimony.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

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