• 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 

Asked 3 years ago in Family Law from Mysore, Karnataka
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
4561 Answers
204 Consultations

4.5 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
46846 Answers
2771 Consultations

5.0 on 5.0

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
2264 Answers
110 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
13167 Answers
175 Consultations

5.0 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
36996 Answers
403 Consultations

5.0 on 5.0

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