Surender (Supervisor) 12 March 2012

498a

I am Brother of Rajender and my name is Surender, my brother (rajender) live in germany and his wife name is Shilpa she has filed false case 498a against us with in one year after marriage.

Me (surender), my mother and Wife (while she was 7 pregnent) were arrasted and we had a police custody of 7 days.

She has filed a case on us in Family court and in civil Court.

My mom always go to the family court on each and every hearing.

I just want to know that after filing false 498a case will Family court allow here to stay in our house though this house dosent belong to me nor rajender (her Husband) but this house belong to our elder brother and she also demanding maintenance.

Will Family court allow her to stay with us in the same house as she has claim that this house is her Matrimonial house.

My brother (rajender) dosent own any property in india nor abroad.

Could you please let me know what would be the result of this case.

We are totally confused what to do please help us on this we are

Mentally tourcher and we are Financially became to weak and no one is guiding us properly.

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8 Replies

Advocate M.Bhadra 12 March 2012

If the property was not self acquired by your brother so your sister-in-law(brother;s wife) can not attached your property and any order passed in Family Court in India it is verry difficult to execute the said order in foreign country.Since you have got bail in a case of u/sec.498a then it is seems and in fact you have own the 90% of the case,defend the case by proper evidence.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 12 March 2012

If she was staying with you in the said premises, she has the right to call it her matrimonial home.

Fight back tooth and nail.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Surender (Supervisor) 19 March 2012

Many Thanks all of you.....but i just want to know for how long this case would last and wht would be the out come..........will family court allow her to stay with us( she claim all stridhan from us and we have surrender the same to police station then why she wants to stay with us).......if yes than it would be problem for us, in last hearing that was on 12th march 2012 she took the permision form court to check my brother 10 years bank statement for different banks cant we make out that she is looking only for money.

Waiting for reply...........pls need your help............

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 21 March 2012

How long????

An astrologer would be in a better position to answer.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Surender (Supervisor) 23 March 2012

Hi Mr Kapoor,

As you can see in my post i have mention that she has took permision from Court that she wants to check my brother bank statement (Cant court make out that she is after money thats it apart form money she don't want any thing else). basically she want to harass us.

Waiting for your reply

Regards

surender