• 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 2 years ago in Family Law from thirunelveli, Tamil Nadu
Religion: Hindu
you can file an application in high court stating reasons for it
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
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.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Thank you for your appreciation.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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