Cprc 125/128/dv/stree dhan
Sandeep Tiwari
(Querist) 04 August 2012
This query is : Resolved
My younger brother had been suffering from mental disorder after marriage and as such currently he is also unemployed. He got married on 13/02/2005 and thereafter on 17/11/2005 a male child was born. We are a joint family living in a very small house having two 2 Nos. of average room and a small room. One room is living cum kitchen and other one is occupied by me, my wife and 2 daughters and the small room was occupied by my younger brother and his wife and child. After the male child took birth, the maternal relatives of my younger brother started regular visit to our place of residence in order to have meet the baby and sometime the number of visitors of the maternal relatives of the petitioner was in such numbers that it was not convenient on our part to accommodate the entire visitors, which subsequently created a unhealthy situation at our house. My younger brother’s wife finding such a situation, started demanding a separate house to live and further to accommodate her relatives but due to merger income he could not fulfilled the demand of a separate house and due to non fulfillment of the demand his wife started emotional blackmailing him that if he does not fulfill the demand of a separate house she would leave her matrimonial home. Her attitude started changing drastically with time and she became more and more aggressive, ill mannered and took up quarrel with every petty issues. My brother tried to persuade her parents to tackle the state of their marital relation which was deteriorating day by day but all attempts made by him to persuade his wife and her parents to retrieve the marital bond went in vain. His wife continued with her stubborn and exasperating attitude leaving a cumulative effect of distress and pain on his mind. On 05/02/2009, both of them quarreled and she deserted my brother and warned him not to visit her. However, my younger brother went to her father’s place many times to bring her back but she denied. Due to such an attitude, my brother had been to a state of depression and under Psychiatrist treatment till today. The most distressful part of the entire incident was that the she never allowed my brother to have any access with his son whenever he visited the maternal house where she had been staying with their only son. She regularly denied to accept any food articles, cloths and other gift items which he used to take along with him to give to the her and his son. In the mean time she had also filed CRPC 125 (seeking 1000/- towards maintainance for herself and 1500/- for her child) which was ex-parte as we could not follow it up, due to focus on treatment of my brother. Now, execution order under CRPC 128 is now under trail in lower court at West Bengal. I am the only earning member who had to look into all this mess in the two families. My father is around 68 years and mother around 60 years. They have seperated income from house property and there lively hood remains on this income. Currently they had also filed a DV+ Stree Dhan.
1. How Should I take control of the situation?
2. What can I do to defend my brother and family?
3. They are demanding 5 Lacs to settle the issue and cases which I don’t have?
4. What are the legal point and acts which can help me and stop them from offending us?
5. Pls. suggest any other way out..
6. I Have few reports of my brother's on going treatment and prescription to offer for his defence.
Devajyoti Barman
(Expert) 04 August 2012
1. You have to fight the case on merit.
2. The case history needs to be seen.Again the case filed date needs to be fought in merit.
3. Then don't pay.
4. Same as point no.2 above.
5&6. If you have proof to disease of your brother which results in his employment then amount of maintenance may be adjusted.
Sandeep Tiwari
(Querist) 04 August 2012
Sir,
She had filed petition on 10/02/2009 seeking maintainance under CRPC 125 and was allowed Decree wef 27/09/2009. Again she had filed for execution on 08/06/2012 and hearing was fixed on 30/07/2012.In the mean time DV/Stree Dhan/Request for Protection had been filed and is under trail.
ajay sethi
(Expert) 04 August 2012
you need a local lawyer . contact mr barman he is from west bengal . as pointed out by mr nraman you have to fight dv/125 case on merits .
ajay sethi
(Expert) 04 August 2012
it is not necessary to pay rs 5 lakhs . draw attention of court to fact that your brother is suffering from mental illness (produce evidence of his ill ness) and fact that he is un employed . court will consider these facts before passing of order .
in addtion your brother can demand visitation rights . his wife wants maintenance but refuses access to child .
similarly application for modification of order can be made before magistarte taking 125 CR Pc case .
Sandeep Tiwari
(Querist) 05 August 2012
A legal expert can extract merits in my case.
How I contact you Mr Devayjyoti Barman?
