• Settlement

My brother in law without thinking of family’s interest or the consequences it might have he wants to shift family every now and then. Shows absolutely no interest children’s education academic or other activities.
Does not even have a Life Insurance policy and always tries to force to submit wife’s policy which he used to take a loan and did not pay any money so far to clear.
will not pay maintainanence for property regularly and a huge amount is due now. takes loans wherever possible and does not take responsibility to clear.

He provokes people and when they react accuses them of ill-treating him but never addresses the core issue.

With such unstable mind set indecisive ness and complete lack of interest in family he claims rights to dictate conditions on a property acquired jointly Which was registered in his name alone citing tax purposes.

My sister agreed to all this conditions, “the property is the permanent alimony to wife and Children’s upbringing and educational needs. "
As a single mother with 2 girl children living in a rented house she raised the concern of existing loans but he keeps threatening of liquidating the property and running away.. so under these circumstances to keep herself and children sane and safe she have agreed for mutual consent with all his conditions and filed the petition.

Court proceedings:
1. First he was worried if she does not give divorce after property transfer
2. After weeks of discussions he wants the condition to be put that he is relieved from any kind of responsibility towards children.
3. Agreed to bear expenses of house until the case is over and the property transfer but did not pay single rupee, though he stayed in the house.
5. During conciliation he wants the Honourable Judge to sign a paper again with same conditions he put in the petition.
6.Both Lawyers and My father explained that he is not liable legally…Finally seemed to agree for property registration and in front of Lawyers , he will talk to us about when he is ready to go to Chennai and bring the Gift deed papers as evidence for next hearing on 19/4.
7.Then without informing anybody he absconded. Not available to answer calls.

The truth of his claims:
1. he is under depression..and jobless: entirely false because while all this was happening he started a new online business of supplying millets
and nuts and was planning to supply even out side India. In Andhra also he must be doing something.
2. not in a position to clear loans or do something for children: His parents are in the process of selling all their 3 real estate properties for a while. 2 sites and a 3 storey house in Visakhapatnam.(All of which amount to 80..90 lacs) . They are also not available to answer calls. Instead of advising him to be responsible towards his children seems they are encouraging him to cause more trouble.

Since then he just wants to drag this so long for reasons known only to him. Please advise us to get justice...
Asked 8 days ago in Family Law
Religion: Hindu

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9 Answers

You seek exparte maintenance order and divorce from court. Then execute the same through distress warrant. Also impound his passport or issue look out notice if he is absconding in purpose

Prashant Nayak
Advocate, Mumbai
23214 Answers
49 Consultations

4.4 on 5.0

You have many options. Law is in favor of women. He is doing this because you are tolerating it once you enforce your rights he will realize his mistakes and mend his ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
  4. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child.
  5. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  6. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.
  7. Hindu Minority and Guardianship Act, 1956: father is natural guarding of boy or girl. Till the age of five years, custody will be with mother with visiting rights to father and after 5 years it will be with father with visiting rights to mother.

Employed or not, he is bound to pay for maintenance of his son. It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony compensation running into lacks. His son has right to share in his property.

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you son.

 

Ravi Shinde
Advocate, Hyderabad
642 Answers
7 Consultations

5.0 on 5.0

File for divorce on grounds of mental cruelty 

 

2) seek interim maintenance from husband 

 

3) seek sole custody of children 

 

4) injunction restraining husband from selling the property 

Ajay Sethi
Advocate, Mumbai
81793 Answers
5120 Consultations

5.0 on 5.0

Dear Sir/Maam, 

1) As the husband does not want to settle you can either wait for him which does not seem fruitful or file a Ex parte  divorce petition on grounds of cruelty.

2) And file for interim maintenance and custody of children, in the same petition.

3) The husband is bound to pay maintenance under court order.

4) If his location is not known, and he defaults in paying maintenance the court declares the person as an absconder.

5) The police take the case in their hand to locate the person and bring him before the court.

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review

Anik Miu
Advocate, Bangalore
926 Answers
7 Consultations

5.0 on 5.0

You have not mentioned what relief you want  nor have mentioned what your sister is undergoing and what is the status of the legal cases pending in various courts of law.

If she do not want to give divorce then she can very well challenge the divorce case filed by him and if it is a mutual consent divorce then she can withdraw her consent for the said reasons.

She can file a DV case seeking protection, residential rights, compensation and maintenance for her and the children.

She can file a separate maintenance cae under section 125 cr.p.c. 

You may revert with the details about what cases she has filed or pending befor court so that proper suggestions can be rendered.

 

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

Attend court inform court that husband has absconded and refusing to adhere to consent terms 

 

that you may be permitted to withdraw divorce petition with liberty to file fresh petition 

Ajay Sethi
Advocate, Mumbai
81793 Answers
5120 Consultations

5.0 on 5.0

It is too long for next hearing. 

If he is not turning up before court by next hearing,  ask your sister to appear before court and let her lawyer continue with the case as per further procedures of law for the relief and remedy to which she has filed this lawsuit. 

Be in touch with her lawyer for all such further issues. 

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

Dear Sir/Maam,

 

1)The statute has given provision for 6-18 month calling period so as to  "keep a window open for the parties to withdraw their consent at any stage till the decree of divorce is finally granted". Once a party backs off, the Court cannot then compel them to give their consent on the earlier settlement or undertaking.

2) Unless the husband appears before the Family Court, your sister cannot get a divorce by mutual consent. That is the settled law for divorce by mutual consent.

3) Thus as stated earlier, your sister should file a separate suit for divorce and get ex-parte divorcee decree.

4) Your sister will have to inform court about her husband absconding, the court may issue summons, but still court can't compel the husband to agree to mutual divorce.

Thank you

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review

 

 

Anik Miu
Advocate, Bangalore
926 Answers
7 Consultations

5.0 on 5.0

she can attend and proceed with the matter. Get the exparte order of divorce executed and later claim maintenance through attaching his property

Prashant Nayak
Advocate, Mumbai
23214 Answers
49 Consultations

4.4 on 5.0

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