Dear Sir,
My elder brother did love marriage in the year 1995 against my parent’s wishes even my parent didn’t attained the marriage. My brother was working in a PSU after marriage he start leaving with his wife in the company allotted house. Initially for a couple of year they live peacefully. In 1997 they had blessed with a son. But due to the involvement of my sister in-law’s family member gradually the disturbance started in their life. Even my sister in-law not taken the proper care of her son and one day she throw him from the balcony and from that day my brother keep his son in my parent’s house when he was 5 year old. Since then he was living with my parent and doing his study. My brother got judicial separation on the year 2003 and start leaving separately in a rented house.
My sister in-law’s family lodge a 498 case against my brother and my parents. Both my parent and brother hired separate lawyers and surrender in the court, the case is going on. Even my parents does not have any relation or communication with her, she put their name in the case.
The divorce case was on the court and as informed by my brother it was agreed by her family to settle amicably with Rs. 10 lakhs. He supposed to pay the amount to her family on last December’15. But unfortunately my brother has a road accident last November’15 and died. The divorce was not happened and now her family claimed the entire amount from my brother’s outstanding. My brother’s nomination in PF & Gratuity is my parents and his son (30%-30%-40%) but as the divorce was not done we also wants to pay the equal share to her. They also obtain the legal hire certificate in which 4-names are appearing (Her, My parents and the son).
Now the problem was
- They also claim for the same in the PSU and due to multiple claims it was under hold.
- Her complete family staying in my brother’s house and since Feb’16 huge amount as penalty rent cutting is going on from my brother’s outstanding gratuity (Approx Rs.18 thousand per month
- What to do about the false 498 against my parents. Even her family don’t attain the court in the case date only taking a new date through their lawyer. My parents are in a mental stress due to the case (My father is 80 years old).
I am 100% sure one day it will be justified by court as a false case (only against my parent). After that can I file a counter case against her and her family? This is too much of harassment. Please advice.
Regards
