• 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 2 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
Dear Querist
Your brother should contact district legal service authority for free legal help.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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District legal authority will help you 100% you should contact
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Yes District Legal Aid Authority does render free legal assistance but you have to check whether brother is eligible for this.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
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.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
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.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0

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