• Advice for my sister family

My sister is in critical situation needs your advice

My brother in law working as a teacher and He used to always in gambling /drinking ,We have supported bit from past 20 years till the time from marriage. She had two childrens (both crossed 18 and studdying engineering stream One guy took  education loan ) .My syster had disease  (related to blood) each month costs 3000 rs expenditure for madicene which we are taking care(My father and myself).

Now my brother inlaw have credit of more than 20 lacs(we are not sure complete how much ,as he s not disclosing properly) he lost everything like bankrupt .


1.He sold his  father gifted site
2.He sold my father gifted site
3.He sold house which he built by taking loan 7 lacs sold to 18 lacs and he cleared his debt by this amount

Now he is not giving any amount to home or children for food and basic necessity and he claimbing that he did for all education ,wife's welfare.He is blackmailing my sister

But How to deal with this ,we dont want to give police complaint. 
My father is taking care of my sister now through his pension
Please suggest 

Thanks 
Sidd
Asked 1 year ago in Family Law from Mysore, Karnatka
Religion: Hindu
Hi, your sister has to file a petition under section 125 of the Criminal Procedure Code for maintenance as her husband and failed and neglected to maintain his wife and children.

2. It is the duty of the husband to maintain his wife and children so if you don't want to go for police complaint  then your  sister can file this petition before the court.
Pradeep Bharathipura
Advocate, Bangalore
4200 Answers
149 Consultations
4.3 on 5.0
1) your sister should file domestic violence case against her husband and seek maintenance for herself and the children .also seek alternative accommodation as he has sold the house 

2) husband is bound to maintain his wife and children 

3) in the alternative your sister  can seek maintenance under section 125 cr pc from her husband 
Ajay Sethi
Advocate, Mumbai
27362 Answers
1487 Consultations
5.0 on 5.0
Hello,
1) If your sister is not employed and had no means to support herself she can file a case seeking maintenance for herself including her medical expenses. No police complaint of required.

2) As the children are above 18 years they are majors and not entitled to claim maintenance.

3) Contact a lawyer locally who can move the petition seeking maintenance.
S J Mathew
Advocate, Mumbai
1987 Answers
79 Consultations
5.0 on 5.0
1. Your sister can file case of maintenance under PWDV Act wherein he will be directed provide maintenance both for your sister and the children.
2. Id any property left in the name of her husband , your sister can even seek injunction on it so the same may not be sold away.
3.That apart she can lodge complaint with police against her physical and mental tortures if ant.
Devajyoti Barman
Advocate, Kolkata
6913 Answers
78 Consultations
4.9 on 5.0
Your sister should not ignore his irresponsible attitude anymore and she should seek justice be demanding maintenance amount from him directly, if he refuses or issues threats or indulging into any violent activity against her, she should not lie low and endure all the humiliations anymore.  She should resort to legal action against her husband demanding maintenance through court of law.
There is nothing to worry anymore in this regard because the law in this respect is favoring women.
T Kalaiselvan
Advocate, Vellore
17485 Answers
165 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

Ajay Sethi
Advocate, Mumbai
27362 Answers
1487 Consultations
5.0 on 5.0
T Kalaiselvan
Advocate, Vellore
17485 Answers
165 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13586 Answers
292 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6913 Answers
78 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3814 Answers
151 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
974 Answers
69 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
2032 Answers
24 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1305 Answers
71 Consultations
5.0 on 5.0