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lopa (Operation Cordinator)     23 August 2012

Divorce for my brother

Hello Everyone,

This is regarding my brother situation. He got married to a lady he was in love with and was doing well. My mother was completely against that lady since she had a hint of her background and character.So she never let them enter our house or accepted her. Infact she put in the newspaper that she dont have anything to do with my brother anymore. In April my brother met with an accident he use to work as driver for tours. He mt with an accident somewhere in Rajasthan. Immediately two days after he was suppose to come to Dubai to see my new born. But he failed because he had to underwent leg surgery. After his surgery my mother came to Dubai to be with me and take care of my new born since Iam working lady and there was no one for me. On the other side my rbother realised that too many people were coming ina nd out the house. That female covered my brother bed with curtains so that she didnt want anyone to know there is a man at home. Finally got to know she was prostitue before marriage and she hid it from my brother. And sice now my brother couldnt drive due to broken hip bone and knee cap surgery she again started same brother business at home. My brother told her if u think that his rented house is expensive and we cna not bear the burden either we should jump off terrace and comit suicide or we will go for small rent.Over that she said I cant, if i can earn easy money by doing this then why not. She told him to keep quiet and enjoy her wrongly earned money. Finally one day somewhere in June we got a call from my brother and he was weeping over phone that he is talking to us for the last time and dont want to trouble anyone. He just wanted to hear my new born sons voice whom he couldnt see. I requested him to hold on for a while and meanwhile i should send him visa. I wanted him to give second chance to his life rather than ending up. Within 24 hrs I managed after he left his house and got him down. I managed to get a job for him here and I never wanted him to go back to that unworthy life. But as per dubai rule he has to go for visa change to homecountry and same for my mother to get residence visa. Now shehas put summons against my mother who is innocent here and she is hiding everywhere. No relatives is welcoming her home thinking that might create trouble for him. Because she took police and went everywhere. We are typical gujju family from Ghatkopar and my brother went out of the way to marry this woman and she was divorced before. My brother wanted to give her good life and she ended up ruining my brother and mothers happiness. She is telling my mother give me 8 lacs and I shall free your son. One more thing i need to highlight here. My brother was in jail for 3 years. Since he was a driver in tours when he was coming back from his trip, his passengers got caught for having narcotics with them and he wasnt aware of their belongings since he is just working as a driver and has no right to ask what does their luggage includes. They even kep a pack under my brothers driving seat. But then he was proved innocent and cleared from the case. But it took 3years for our indian law and police to prove him innocent. I need justice and opinion, how can i help them and take off all these summons and charges against my brother what she has put in police station for her own selfish reasons. Entire building where my brother and she was stayin knows that she is doing wrong because too many man and woman visiting that house. Please advise and help me how can I help him in return. And she has put a complain that my brother is dealing in narcotics and my mother is helping him. Which is not true, my mother is 53 years widower who use to do peoples tiffin after my father death. I came to Dubai in 2006 for a shipping company as operation coordinator. We lead a beautiful peaceful life till 2011 May, when he got married to her. All she wants is money from my mother.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     23 August 2012

Dear Querist, Have read your long query, Has your sister in law instituted a case only under the Narcotics and Psychotropic SUbstances Act (NDPS) or has she also made false dowry allegations u/ss 498a/406, if she hasn't done the latter you can expect the same. I would advise you to consult a lawyer, your mother need not be on the run, according to the sections involved - apply anticipatory bail for her and your brother. The fact that your brother has faced an NDPS trial and was acquitted would legally have no effect. Good Luck !

lopa (Operation Cordinator)     23 August 2012

Hi,

You are a saviour, I was really stressed with their current condition. In one months time their visa shall be ready and they will be able to come here. All this will happen without her knowledge. I just got to know through one of my friend that if one of the spouse abandons another irrespective of reason and if she puts a complain within 15 days his/her passport will be terminated. I would request you to advise me on this law. Secondly after one year we are intending to file divorce for him as there is no way he can lead a clean life and family with a woman like this. I would really apreciate if you can please advise me on any such lawyer and that we dont have to pay a penny alimony to her not because we want to save our money but because she dont deserve it. For what she did to my brothers life and ruining my mothers peace of mind. Secondly my paternal side, they wanted a reason to discard my mother from family property, they were always forcing us to take some money and sign on the papers. Now they got a reason to eliminate us from our right. They are of the opnion that after this incident they shall give our name in the news paper and discard my mother from the property and family as well. Whish is not fair and justified. I need your help on these two queries and your assitance will be highly appreciated. Further if we apply for anticipatory bail, will there be any problem in they travelling to Dubai after two weeks. Any possibilites she will have any right in my mothers property and flat. Or can she put any seal or stay order for my mothers apartment. Please help.


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