My brother who is deaf & dumb got married to a girl from Delhi on May 1, 2011. after living with our family for 3 months, she left for her house and did not come back. And then in sep 2011, she sent us a petition for maintanance filed at Dwarka Family Court. My brother has no source of income nor there is any property on his name. Someone please guide us since we are not that affluent to pay her Rs. 8 lacs for compromise and divorce. And nor we can pay her Rs. 50000 every month as maintenance.
Anish Thakur 7018812737 (advocate) 12 July 2012
dear pawandeep kaur
i will suggest you to file a suit u/s 9 of hindu marriage act for reconstitution of marriage rights by your brother also file suit u/s97 crpc search alleging that your wife are restrained by her family members forcely and she wants to live with her husband
after that wife will appear in the court and if she will say that she is living separately due to her wish you will get relief from the maintaionanace and when your brother is deaf and dumb and he had no oncome and property in his name she will not get even a single peny
sir in petition her lawyer has wrote that after few days of marriage the family members started taunting & torturing the girl for the poor status of her parents. And after marriage the girl came to know that my brother is mentally abnormal (which is not true since she stayed at our house for five days before the marriage day at her own will) and the fact was concealed to her before marriage. She knew everything about my brother's state and even the doctors have confirmed that my brother is not mentally ill. Her lawyer also wrote that my brother tortured her and asked her to commit suicide, which is also not true.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 12 July 2012
1. Contest the maintenance case diligently in Dwarka Courts, if your brother is incapable of earning he can't be made to pay.
2. File a case for restitution of conjugal rights under s. 9 of the Hindu Marriage Act, 1955, by this you seek to call her to your house, burden would be on her to prove that she has sufficient cause to live apart. If she is not able to prove the same. Then it would help you in your maintenance case to negative her claim.
Good Luck !
Anish Thakur 7018812737 (advocate) 14 July 2012
pawandeep ,dnt use our services to manculate the planings of your ill mind.
we are giving advise here for the true and needy persons
sir i am here to take your advice and if we dont want her to return her home then we have a valid reason. noone who will not be needy, would not at first place register and take advice from online forums. and moreover being a married lady, i know my conscience and my mind. anyways thanks for ur advice.
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