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Mansa   03 November 2023

Seeking child custody and maintenance under dv case even though having all financial aids from govt

My brother committed suicide on-duty under suspicious circumstances. After that,his wife got all the benefits and money from Police Department. She abandoned his minor children and filed fake DV case against mother-in-law (widow & govt servant) and sister-in-law (unmarried & govt servant) to get more money. She needs kids to get more money from department. We got to know about her extra marital affairs after my brother's death, we have her social media accounts chats also. But some time ago she deleted those accounts and created new one. Can we use the old chats against her in court? Is it a punishable offence under IT act? Also, kids are 10 (girl) & 8 yr (boy) old now, if needed can their statements be admissible in the court? As she has all money, benefits and salary and pension, are we still liable to pay her maintenance. She is in livin relationship with a guy who is her distant brother.  She is seeking child Custody to keep getting grants from police department. Can child Custody be seek under DV act? Can we the in-laws not sure her family for provoking her and mentally physically torturing us?



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 5 Replies

Dr. J C Vashista (Advocate )     04 November 2023

The facts posted contain various issues, however, live-in relationship is not a crime. 

She (widow of brother) have a share in the property of her deceased husband. She is entitled maintenance from such estate but not from income of mother in-law (widow) or sister in-law (unmarried).  

P. Venu (Advocate)     04 November 2023

You have raised many an issue based more on surmises and prejudices than facts -

"My brother committed suicide on-duty under suspicious circumstances"! How is this surmise related to the issues you have raised?

"After that,his wife got all the benefits and money from Police Department"! Wife is legally entitled for the benefits.

"She abandoned his minor children .........." Is she no longer staying with your family? Who is taking care of the children?

"As she has all money, benefits and salary and pension, are we still liable to pay her maintenance........." Has she sought any maintenence from the in-laws? How? Please post the facts.

"........... and filed fake DV case against mother-in-law (widow & govt servant) and sister-in-law (unmarried & govt servant) to get more money" Allegations are too wild. If the allegations are wild, meet them on merits? How there could be a DV if she is not staying with her in-laws?

"she needs kids to get more money from department." How?

"We got to know about her extra marital affairs........................" How her affairs, as alleged, could be extra-marital?

"She is seeking child Custod..................."! She is the natural guradian.

"Can we the in-laws not sure her family for provoking her and mentally physically torturing us?"  Facts posted do not suggest any cause for any such.

More over, the posting is short of material facts such property, if any, late brother and his savings and also, death benefits(if employed).
 

Mansa   04 November 2023

I would request you to allow me for call consultation to explain the case and facts better. Please let me know if and when I can connect with you. 

P. Venu (Advocate)     04 November 2023

Contact details could be accessed from profile.

T. Kalaiselvan, Advocate (Advocate)     08 November 2023

If you want to consult a lawyer of this forum, you can obtain their contact details from this forum or send a private message asking for their contact details and proceed with the consultation on the tterms of the chosen advocate

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