house property+dowery case
Mohit Gupta
(Querist) 01 October 2008
This query is : Resolved
Case history
We are 2 brothers and 1 sister earlier lived with our parents in Agra. I got a job in pune so I shifted in pune in july2005, after one year I get married and bring my wife in pune with my parents. My sister is also live in pune with her husband. And my elder brother with his wife lives in agra in our house which is in the name of my mother.
As all of our family members live in pune & my elder brother live in agra alone and he does not have any good source of income in agra so he also come to pune in January 2007 for a job searching living his wife in agra with her consent. due to misdirected brother’s wife by her family members when my brother goes to agra in may2007, she refuse to come here and after a mutual agreement with some old family members she agree that she lives in agra with her two child and her mother i.e. my elder brother’s mother in law up to november2007 and my brother sent him Rs. 4000/- per month for domestic expenditure. After that my brother went in Agra 2 times to bring her in pune, but she refuse by saying that she will teach us a lesson in court. (As per my brother view that she has an affair with her JIJA and her JIJA insists her not to come in pune.)
Now my elder brother’s wife in that house alone and neither she vacant neither the house nor she give the divorce to my brother. This is not possible for my brother to go back in Agra.
Moreover she filed a false dowery case upon us (myself and my sister are 4-5 year separated from the Agra)
Pls if possible can anyone give me a suitable view how to come out from this situation?
We want to overcome from both the siatuation
SANDEEP GOYAL
(Expert) 02 October 2008
Dear Mohit,
First of all clarify about the agreement between your brother and his wife.
What is about your brother his wife's relation. is he ready to live with her or not?
you should not worry about the false divorce petition. if your brother wants to live with her then the family court will pass a order to her for restitution of congigual rights and live with her husband in Pune surely, if she does not has any proper reason to live in Agra.
So, don't worry about the false divorce petition. if any other query, then you can ask.
SANDEEP K. GOYAL
Advocate
Mohit Gupta
(Querist) 03 October 2008
Actually she does not have any brother & father, so she wants that she lives with her mother together with my brother in my parent’s house and my parents are live with me.ie. My brother broke the relationship with us and live with her mother. At present her mother lives with her elder daughter with her husband
And in November 2007 my brother sent a legal notice for calling her in pune through our vakil,but she neither give any reply of that notice nor she ready to come in pune. The receipt of that notice by my brother’s wife is with us.And If we want to contact with you shall you give us your mobile no. or address.
Thanks & Regards
Mohit Gupta
SANDEEP GOYAL
(Expert) 03 October 2008
Mohit,
last time I asked you about the agreement. pease let me know about that agreement.
Does your Brother's mother-in-law's another daughter lives in Agra?
Let me Know about that.
you have the receipt of legal notice, that is a good thing.
SANDEEP K. GOYAL
Advocate
Mumbai
Mohit Gupta
(Querist) 04 October 2008
yes sir at present another daughter lives in agra
SANDEEP GOYAL
(Expert) 05 October 2008
then don't worry the hon'ble family court definitely pass an orderfor Restitution of Congigal Rights for her and the she will have to come at Pune to live with her husband with vacanted house at agra.
SANDEEP K. GOYAL
Lawyer
Mumbai
