Refusing maintenance and transfer of case
After peaceful marriage, my brother-in-law became abusive.extracted money of Rs.20 lakhs from my dad of lying that she had cancer.He had refused to have with my sister for almost 3 years(i came to know by sister's complaint ) but had affair with a woman elder than him. When she confronted with him he blamed you were not good in sex.. She took a local police constable's help.My brother-in-law linked that guy with my sister.
Meanwhile my dad came to know that my sister doesn't have cancer and he is extracting money from him. Soon he came to know,my brother-in-law filed an Adultery case + kept my sisters belongings including certificate + lying that he didn't any money out of my dad. the problem is my dad gave him money cash-on-hand. so no proof.
The case is on court for last 3 years.From 2010 onwards the case is on court in his hometown saying his life is in danger... how do we file for maintenance, transfer the case to my native town.
Asked in Family Law from thirunelveli, Tamil Nadu
you can file an application in high court stating reasons for it
Advocate, New Delhi
Always give precious answers to queries.. Your replies are abstract always. Everyone knows court , case... As a responsible lawyer you should always give what to do in precious... Thats what people expecting from you .
Asked 3 years ago
The reply of Mr.Bari might seem abstract to you but it is concise. If you want a lawyer to deal with all the legal aspects of your case then obtain the professional services of a lawyer by paying his consultancy fee.
Your father should have as a man of ordinary prudence tried to find out the legitimacy of your brother-in-law's claim that your sister is suffering from cancer before advancing money for her treatment.
Now that he has filed a case for divorce on the ground of adultery your sister may contest it if she wants to protect her rights. In order to recover her belongings she can file a case for recovery.
Your father will not be able to recover the amount he lent to your brother-in-law if there is no documentary proof of it.
Your sister can file for maintenance in her home town. In order to transfer the case she shall have to move High Court or Supreme Court depending on where he resides.
Thank you Ashish Davessar. I was expecting this kind of clear cut answer.. Not like Mr.Rajeev Bari. This is a site advertised as free legal advice provider... If he is not interested to answer very precious to queries, better not to answer. Becos people are stick with their situation, expecting a way to get of their trouble.
Everyone knows about court/case.. If People can afford to pay money why has to come here and get free legal advice... Better dont answer if you expecting something out of people.
Asked 3 years ago
1) if your brother in law has filed false case of adultery against your sister file case of criminal defamation against him .
2) file complaint of Dv against him . your sister should claim right to stay in matrimonial home or alternative accommodation . in addition seek protection order from court , maintenance and other reliefs .
3) file complaint of 498A against him for return of her streedhan and other belongings .
4) it is only if you counter attack would your brother in law come to his senses and compromise . then you can recover your pound of flesh
5) file transfer application in HC or SC for transfer of existing case
cracking answers Mr.Ajay sethi... My sister and my dad had made mistake due to lack of education.. My brother-in-law utilised those innocence. As a family we and my sister took care of him very nicely.My dad even treat him as his son . We never thought even a minute that he would deceive us..
Mistakes made by sister is :
1) she is short-temper .so used few strong words towards her in-laws as they constantly annoyed her mentally by words and sexually tried to abuse her by father-in-law.
2) One of the friend from brother-in-law side as she knew before ,had a mobile conversation with my sister asking how her whats her problem with my brother-in-law.she revealed all including sex life... She went on to say that the young police cop helped her lot without she would have suicide herself. My brother-in-law's friend recorded all and gave to my brother-in-law..
3) She left her all belongings at her husband's home out of anger when she came to my home... Now Bro-in-law lied in the court in front of me that she took all her belongins in the van.
My dads Fault :
1) He believed so much in brother-in-law as i told earlier. So in order to save his daughter's life and kids, he gave money 1s and 2s. He splashed Rs.20 lakshs but all cash-on-hand...
Whatever you said above to file a petition, shall we do all singletonly so that they have to feel how my parents feeling right now. Then only they will come to compromise as you said.
Transferring of case is on hold due his claim in the court that his life in danger.... But thats not true as my parents already broke...
Asked 3 years ago
1) your sister should do so . she should file 498A case . let her husband / in laws run around seeking bail .
2) she should also file DV case and seek protection orders as advised . claim right to stay in matrimonial home or alternative accomodation . seek maintenance from her husband . when shoe starts pinching then husband will come for settlement .
3) husband has to prove that all belongings was taken by his wife ie your sister when she left .
4) gather all evidence of husband income , his affairs if any . . hire at detective agency if necessary
your answers boosting me. It gives me feeling like my brother gives strength to my parents.. As you suspected he has sexual affair beside my sister's back..Is it enough some photographs with that witch...
We suspect that he still continues with that lady... Possible to get his phone conversations/registry his phone contacts legally and income statement... (As he is doing business).
My brother-in-law is criminal as we never thought he is striking us with bundles of complaints all of sudden when we stopped giving him money...
1) He told court that they took all.If we say prove all.. He would ask the same that let them prove that they didn't get anything from my home..............you know what i mean....
Is it Possible you to take over this case. If not can you suggest any best lawyer in your network in tamilnadu .
Definetely we do not want to hurt their family/ fabricate false cases.. All we need is our girl should lead peaceful like everyone else.. Let him keep all along with his wife and kids and leave that witch... We will be so happy....
Asked 3 years ago
Hi, you have to approach High Court for transfer of case if it is your place is located in different district and with in the same district you can approach session court.
1. Your sister can file 498a if she has been harassed for dowry.
2. For recovering her articles she can file a case for recovery u/s 406 as mentioned earlier.
3. She can file for maintenance under DV Act or CrpC. She may also seek protection orders including the right to re-entry in her matrimonial house, albeit by doing so she will put herself at risk of further torture by her husband and in-laws.
4. In order to obtain phone call/sms records you will need a court order to this effect. Photographs alone may or may not be sufficient to prove his extra marital affair.
5. All the above cases can be filed by your sister alone.
i am not aware of any lawyers in Tamil Nadu on this website . since i am practicing in mumbai it wont be a feasible proposition that i come to tamil nadu for each hearing of your case . in case you need any further guidance you can raise your queries on this website .
best of luck
Thanks Mr.Ajay and Mr.Ashish... I might need your help in the future....
Asked 3 years ago
thanks for your appreciation
Thank you for your appreciation.