Domestic violence on 75 year old man

Sir ask you nephew to hire a good lawyer for the case...there are iota of judgements which explains about domestic relationships thanks and regards SUNISHCHAI SACHAR 9711259959

Prima-facie it is your nephew who caused trouble by simply walking way after saying that relationship is over.  Perhaps this NRI is under another misconception that he can get away like that without even getting a divorce.

 

Typical male ego problem which was prevalent 200 years ago.  This is typical for many NRI that make a marraige in India and disasppear abroad. Their parents backhome face legal consequences. Rural background of punjab is full of such stories. The victim wife has no option but to press material against his family memebrs available in India.

 

God knows whether she actually had relationsip with other person or you newphew just invesnted a story. Your newphew is not even hiring advocate for you (you never said that he is financing legal help for you )

now coming to your qeustions:-

 

Meanwhile i have to attend court date and i want to know am i liable for this crime ?

Ans :which crime is alleged against you that you are not disclosing

 

Do i have to pay her alimony ?

Ans : No.  You have to prevail upon your nephew for peaceful settlement and in you post you are not even hinting that you ever contacted your nephew for the same.

She is claiming 10 lakhs for mental torture. The fact that i am her husbands uncle why am i being summoned for this ?

Ans : You are not disclosing what are the allegations against you.  You are elder of house. You have to prevail upon your nephew for peaceful settlement and in you post you are not even hinting that you ever contacted your nephew for the same.

 

The mental torture is such type of crime that one does not need to be young and physically fit to commit the same.

 

You are disclosing that your were present during engagement but what about your presence/absence in marriage.

 

Can anyone tell me - is this some sort of pattern adopted by wifes where they harass old age people just to get money out of it.

 

Ans :What are the faults of your newphew which you are able to agree.

@ Sudhir Sir my nephew is not wrong. He is at fault because he walked away without solving her issue. Two days ago girl's boyfriend came over to my house asking for my nephew number. He called my nephew and threatened him saying that if his name came anywhere in court he will kill all of us. I had to call police and her boyfriend was locked in jail for one day. Next morning he admitted his mistake and walked out of police station. There is no doubt that they were caught in an action my entire family knows that. The plan they had in their mind was that my nephew wife will go abroad and immediately divorce my nephew and file for her boyfriend's green card. Since that didn't happen now she is asking for huge sum of money. My nephew will do anything for me however i should not be part of their marital problem. May i know what worst could happen to me in domestic violence case ? Am i going to get arrested for this or am i liable for her alimony ?

 

I was not present during their marriage. Her allegations against me are that i have said bad words to her parents and cheated her by helping my nephew escape out of country. She has filed Domestic Violence act 2005 against me including my nephew name.

Dear respected Mr.joshi you haven't mentioned that you all are sharing the same house at the time of your nephew's marriage or he lived in other place with his wife , how she had dragged you in this case , had you received any notice from the court and you had attend any court hearing , what sort of allegation she had filed against you and why any evidence she have in support to her allegation ? you don't worry you have not to pay any alimony to her .

You say that your nephew is not wrong although you know that he left without solving the problem.

 

You say that he will do anything for you.  You are never confirming that whether he is hiring lawyer for you or not.

 

obtain the record of arrest of that man under RTI from thana.

Originally posted by : laxmi kant joshi
	Dear respected Mr.joshi you haven't mentioned that you all are sharing the same house at the time of your nephew's marriage or he lived in other place with his wife , how she had dragged you in this case , had you received any notice from the court and you had attend any court hearing , what sort of allegation she had filed against you and why any evidence she have in support to her allegation ? you don't worry you have not to pay any alimony to her .

 No sir we were not sharing any house at the time of my nephews marriage. They lived seperately in their own house. They are presurring me to bring me nephew back to india as it is becoming hard for them to bring him back india. She has accused me harassing her mentally by using abusive language.

It appears that you are suppressing some material facts of your involvement in this case directly or indirectly that led the wife of your nephew to file the case against you.  Unless you ventilate the material facts of your involvement appropriate opinion and/or advice cannot be given.  Plea of your senior citizenship and old age or health condition cannot give relief from the allegation of Domestic Violence more particularly from the allegations of mental cruelty or harassment.

agreeing with Mr Biswanath Roy  I will further observe that :-

 

• you are not telling why you were not present at wedding as you were present at the engagement
• you are not telling whether household is shared by you or not
• you are not telling where are the parents of your nephew.
• you are not telling why she is not alleging anything against her husbands parents.
• you are not telling if your nephew  is helping you by providing lawyer.
• you are not telling whether your nephew is providing or ready to provide maintenance to her.
• you are not telling what was your role in marriage settlement.
• you are not telling what are allegations against you and how far these are false.
• you are not telling whether initially your nephew intended to take her abroad.
• you are not telling whether any arrangements were planned for her emmigration.(PP/Visa etc).
• you are not telling how educated both are.

 

why it should not be believed that your NRI nephew just wanted an unpaid maid back home at India. Married her and then alleged adultery and vanished.

Originally posted by : Sudhir Kumar
	agreeing with Mr Biswanath Roy  I will further observe that :-   you are not telling why you were not present at wedding as you were present at the engagement you are not telling whether household is shared by you or not you are not telling where are the parents of your nephew. you are not telling why she is not alleging anything against her husbands parents. you are not telling if your nephew  is helping you by providing lawyer. you are not telling whether your nephew is providing or ready to provide maintenance to her. you are not telling what was your role in marriage settlement. you are not telling what are allegations against you and how far these are false. you are not telling whether initially your nephew intended to take her abroad. you are not telling whether any arrangements were planned for her emmigration.(PP/Visa etc). you are not telling how educated both are.   why it should not be believed that your NRI nephew just wanted an unpaid maid back home at India. Married her and then alleged adultery and vanished.

Alright this is enough of you Mr. You asked me too many questions without giving me a chance to ask you if u are a lawyer ? If u are  ! then there is something called boundary which you are crossing right now. Are you some sort of authority to decide that my nephew is a criminal or i am criminal ? Sir i came here to ask simple questions which were already answered why the hell are you asking me to file RTI in police station ? Lets not make any assumptions without knowing what we are going through ! By the way i thank you for answering the questions which i have asked but i believe the purpose of raising this query is served i believe i don't have to answer any of ur question anymore.

Originally posted by : Biswanath Roy
	It appears that you are suppressing some material facts of your involvement in this case directly or indirectly that led the wife of your nephew to file the case against you.  Unless you ventilate the material facts of your involvement appropriate opinion and/or advice cannot be given.  Plea of your senior citizenship and old age or health condition cannot give relief from the allegation of Domestic Violence more particularly from the allegations of mental cruelty or harassment.

Okay here is the story - when my nephew came to india in 2012 the girls side visited my house during diwali and a relative of ours referred them my nephew who came over to india to get married. My nephews mother (my sister) was abroad and as a elder of family the engagement happened in my presence. Right away the next day register marriage was performed but that marriage happened in court and my nephews friend were the witness in that marriage. Court marriage happened so that my nephew can file visa and passport. But the very next day a friend of his called him to see something surprising from his terrace. He had binoculars and he called my nephew to show him that his wife was making out with her boyfriend on terrace. Then my nephew caught them red handed he jumped the wall silently and found that his wife was half naked with the boyfriend. Right away there was a fight and he called all elders same night that such thing happened and we would like to end this relationship next day itself. All the elders from both sides decided that divorce will happen in court. So next morning when we were preparing for divorce papers in front of lawyer. We received a phone call from police station about 498a and police told my nephew that he should leave india else his career is in danger. From that day of 2012 my nephew left india and never came back. After reaching abroad he sent a message to girls side that now divorce wlll happen from foreign land as he does not trust them anymore. From that day ownwards she filed many cases on him but all went in vain. Now they are targeting me to bring him over india and also filed a domestic violence case on me harassing me unnecessary. This is my nephew entire story. Yes - my nephew can spend lot of money on hiring a lawyer. The greed of girls side for money is killing our family day by day. I am thankful to god that my nephew left india else his life would have been ruined. Now after mentioning this entire story even if lawyer want to make nonsense assumption then it is their choice i have nothing else to say.

First of all it is a chartibale form and you are getting  FREE OF COST advise while you can afford layer.

 

The person giving anything FREE OF COST has a moral right to know that whether his charity is going to deserving person or not.

 

all questions asked are intended to know the details of the case any anyone having sympathy with you shall not given any view without knowing full facts of the case.

Despite your frustration of being accused of serious charges at this age and health (which you say are false) your frustration is understood

 

So no offensive taken on your uncalled for remarks. You will still be helped without prejudice.

Now you have given facts in somewhat coherent and understandable manner.

 

Now it can be gatherred that your family sincerely believe that you are being fleeced fr money.  Because your nephew is not approachable you are being harassed.

you said

 

"my nephew can spend lot of money on hiring a lawyer. The greed of girls side for money is killing our family day by day"

Then he should help you by hiring a lawyer.

 

Nothing new.  Greed inflames when accused is NRI.

 

This does not justify that your not hiring an advocate. Why you should get killed  day by day due to greed of someme   when you can afford to be defended.

 

Even if your nephew obtains a divorce abroad still there is a criminal case (right or wrong) pending on him in India.  He could have sought bail and permission of court to visit abroad.  This can also be hurdle in passport renewal. So he only has a short term respite.

 

In the meanwhile you have already cultivated evidence in favour of your nephew that the intruder in your house was sent to thana.  I have already told you to obtain details of his arrest under RTI. 

You are not even sure :-

• whether he was let off on bail or just they released him after unofficial custody.
• whether police has registered any case on your complaint.

This information is relevant for defence of you and your nephew.