Dear Querist
Your brother should contact district legal service authority for free legal help.
Girl and family trying to demand money
My brother who lives in India, got married to a girl from Lucknow exactly 5months ago. Now the girls parents have taken the girl back to Lucknow saying that the boy(my brother) and his family ( my uncle and aunt) ill treated her for 4months while she was living with them, and demanding maintenance for her living with her parents under marriage law2005 section 39. My aunt and uncle come from a lower middle class family and they can't afford to hire a lawyer.what would you advice my brother to do.He is just a 26year old boy who spent all his money for this marriage and did not get anything from the girls side.
Asked 10 years ago in Family Law
Religion: Hindu
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9 Answers
How could her parents expect Maintenance from this boy???
Asked 10 years ago
Mr.Qureshi i really appreciate your immediate response,Do you think the district legal authority will help???In india things don't happen until to pay.
Asked 10 years ago
District legal authority will help you 100% you should contact
Mr.Qureshi,Thank you.
Asked 10 years ago
Yes District Legal Aid Authority does render free legal assistance but you have to check whether brother is eligible for this.
Let your brother and his family not accede to unlawful demands raised by the wife of your brother. If he cannot afford to engage a lawyer then he may contact the District Legal Services Authority (the office off which will be situated in the district court house) to give him a lawyer at state expenditure. If your brother meets the eligibility criteria to avail free legal aid then a lawyer will immediately be assigned to him at state expenditure.He does not have to grease the palms of the concerned officer with any illegal gratification to get free legal aid.
1) you have not mentioned what is income of the boy .
2) you have not mentioned whether wife is working or not .
3) what is the maintenance demanded by wife parents .
4) if any case is filed by girl side then you should contest case on merits .
5) if boy cannot afford legal fees then contact district legal aid centre for free legal aid .
6) if boy meets the eligibility criteria to avail free legal aid then lawyer would be assigned for his case
Hi,
By marriage an able bodied husband is liable to maintain his wife if she is not capable to maintain her or her earnings are not sufficient. if she has filed a case for maintenance , it is necessary to fight the case to defend your brother. If the wife is not working she is entitled to get maintenance, so it is important that an advocate file reply on behalf of your brother , so that the amount /quantom of maintenance can be brought down as you have said your brother has no means to give it. It is also necessary to prove that she has gone back to her parents on her own whims and fancies not because of the situation in the matrimonial home.Your side has to also prove that she is capable of maintain her, this is possible only your sister in law is educated or having a job.
There are stages of cases.she may file case but to win it she has to prove the same and the opposite side has to defend it strongly with all possible evidence. If she is working,she is not entitled to maintenance.For getting a lawyer from legal aid, income of your brother has to be considered.Feel free to call for clarification,if so desire.
I would like to personally thank Mr.Barman,Mr.Sethi,Mr.Davessar,Ms.Mathew & Mr.Srivastava,to have spent there valuable time in answering my query.
Asked 10 years ago
Answering Mr.Davessar question, Yes the girls family has some unlawful demands. And i don't know the legal district eligibility criteria.
Asked 10 years ago
Answering Mr.Sethi questions. My brother has a small shop which maintains sewing machines,his monthly income is 25000rs. His wife is not working. They want 25000rs as a maintenance and 10lacs for settlement. The case is filed from the girls side.
Asked 10 years ago
Answering Ms.Mathew, I totally agree that the girl is entitled for a maintenance.But then we are totally confused as to why they asking for a maintenance,since the marriage was arranged with the parents wish.And today they just decided to take there daughter back home and sent a note that they need maintenance. And i am pretty certain that the girl can take care of herself,since she is just 23-24yr old with a BA degree.
Asked 10 years ago
Answering Mr.Srivastava,The boy was not prepared for this so, I am not sure either party has strong evidences against each other.Anyways thanks for the offer.
Asked 10 years ago
The eligibility criteria is whether the annual income of your brother exceeds Rs.1,00,000. If it does not then he qualifies to get free legal aid.
1) if your monthly income is Rs 25,000 you cannot pay her Rs 25,000 as maintenance . you should make full and fair disclosure of your income .
2) court may award her some maintenance but certainly not rs 25,000 per month
3) Rs 10 lakhs demand is exorbitant . refuse to pay and contest case on merits
4) your brother does not qualify for free legal aid