• My sister's family issue

Hello Sir

Last week I have posted (mentioned below) regarding the issues related my sister's family and got the answers accordingly.
Now my sister told him that we  will place for family maintenance  in court ,he is saying that going to commit suicide,going out etc etc.
He also saying to get help from family and asking us (from me and father to help him since its huge ammount) question is

1)If we ask for maintanance do we need to proceed for divorce?
2)How to protect my sister from my brother-inlaws move /saying suicide attemt he will do etc etc
3)We have planned now to give a legal notice to maintenance
4)If he goes out do we need to answer query for bankers? officically my sister not signed to any loan from the landlords who paid money to my brother inlaw

Regards
Sidd
 



Issue background:



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
Asked 1 year ago in Family Law from Mysore, Karnatka
Religion: Hindu
1) your wife can file application for maintenance under section 125 Cr Pc and need not seek divorce

2)your brother in law wont commit suicide . he is basically trying to pressurise sister not to seek maintenance from court 

3) your sister is not responsible for her husband debts 

4) no need to issue legal notice for maintenance 
Ajay Sethi
Advocate, Mumbai
26090 Answers
1419 Consultations
5.0 on 5.0
)If we ask for maintanance do we need to proceed for divorce?
Divorce petition is not necessary for seeking maintenance. 


2)How to protect my sister from my brother-inlaws move /saying suicide attemt he will do etc etc
Nobody can stop anyone from committing suicide, so leave it to him, let him do anything because that is beyond your control.


3)We have planned now to give a legal notice to maintenance
Yes you can very well issue notice seeking maintenance.

4)If he goes out do we need to answer query for bankers? officically my sister not signed to any loan from the landlords who paid money to my brother inlaw
He will be responsible for all his personal loans, his heirs are not responsible even if he dies suddenly


T Kalaiselvan
Advocate, Vellore
16443 Answers
153 Consultations
5.0 on 5.0
1. You can file for maintenance without filing for divorce. Maintenance and Divorce are two distinct legal claims which   can exist and travel separately.

2. Your sister should send an advance intimation to the police regarding the suicide threats held out by her husband. This will help her to evade liability in the event he commits suicide.

3. Your sister is not liable for any of the contractual obligations burdened by her husband.

4. Your sister has no share in the self acquired or gifted properties of her husband. She can file for maintenance without filing a police complaint.
Ashish Davessar
Advocate, Jaipur
19133 Answers
484 Consultations
5.0 on 5.0
File for maintenance u/s. 125 of Cr. Pc in the family court no need to send a legal notice for it. 

He is just blackmailing your sister that he will commit suicide etc etc so that your sister will not take any step against him. 

But is he working? Or he has any assets like jewellery or anything else which he has not sold as yet. You will have to prove in the court that he has sufficient means to maintain her and the children. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
Hi sir/madam, your sister has directly to file maintenance case against him, he was unnecessary blackmailing by taking your innocence. It is the duty of husband to look the welfare of his wife and children. I think divorce is not necessary in this stage for welfare of children of your sister.You don't worry about his debts. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0

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