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SAM (LEGAL)     17 November 2012

Help me in solving my brother case

Dear all learned Lawyers,

My elder brother’s wife stays in flat which is owned by my father and the flat is self acquired flat of my father. Due to her behaviour towards my brother, my brother do not want to stay with his wife as she do not take care of him, nor cooks food for him and comes home late at night as she is working in hotel in mumbai. When ever she has an argument with my brother regarding any silly things then in that case, she goes to lodge police complain in police station regarding harrasment, torture etc.

Due to this reason my brother is staying now with us ie., my parents. Now my brother is too much frustrated and wants to have divorce. I have suggested my brother to take rental home and shift all the furnitures and fixtures in the rental flat. He conveyed this message to his wife that in few days he will shift all the household items in the rented flat wherein she replied that if you ever try to shift all the household items in the rented flat then in that case she will lodge police complaint in the nearest police station as she too has 50% share in husband furniture.

Want to tell you that she do not want to do anything for her husband and tries to harrass him mentally and every time tries to torture him by saying that she will file 498A Section in police station. Even her parents also want to harrass my elder brother and my parents and everytime lodge false complaint against my parents and my brother.

Please all help me. mail me ur reply on sommu_ram@rediffmail.com

Regards,

Sommu



 



Learning

 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 November 2012

Dear Sam

No need to worry, first of all file a civil case for eviction and restrain order before civil court through your father, that your father is the absolute owner of that flat and also filed a criminal case u/s 383, 384, 386, of Ipc against all of them(your brother's father in law etc).

Feel free to Call

SAM (LEGAL)     17 November 2012

Dear Mr. Nadeem,

              Suppose if my brother shifted all his furniture and fixtures in a rented flat and inform to the police about the matter by writing a formal complaint that he is shifting all his belongings to rented flat as the flat is not owned by him, but the flat is of his father. Would like to know what will happen in this case?? Cant the Police tell to my brother's wife to go and stay in the rented premises where my brother has shifted all his belongings? What can be the consequences?

In this case I dont think that police will tell her to stay in her father in law house? Can Police tell my brother to shift in the rented flat and let your wife stay in father in law flat? How can this be???????????????

Please do reply me..........

Regards,

SAM

Sudhir Kumar, Advocate (Advocate)     17 November 2012

police cannot compel her to join your brother at other address.

 

Forcible eviction of a lady from matrimonial home (even if owned by your father) amounts to Domstic violence.

SAM (LEGAL)     17 November 2012

Dear Mr. Sudhir,

                     If such is the case then she can do anything with my brother and my brother is helpless if my brother's wife is not listening to her. Even if she does adultry by supressing some facts with my brother and even if my brother knows it he is helpless and cannot do anything to her. What you say????

                   If my brother do not wants to stay with his wife, then in that case what he can do??

If my brother wants to evict her from her house (i.e., from my fathers house) then what he can do?

Do reply me??

Regards,

Sam

SAM (LEGAL)     17 November 2012

Dear Mr. Sudhir,

                      How come Domestice voilence case can be registered when my brother is staying with us i.e., me, my parents? First of all my parents are not even staying with my brothers wife, they are staying seperately.

Regards,

Sam

SAM (LEGAL)     17 November 2012

Dear All Learned members,

                       Can my brother directly file a Divorce petition in Family Court in Thane as we are staying in mira road as he is seperately staying with his wife for more than 2 years, that too in my fathers flat?

Regards,

Sam

SAM (LEGAL)     17 November 2012

Dear All,

        My brother is not staying with his wife as she do not cook food, do not wash his clothes, always comes late at night as she works in hotel in mira road. In this circumstances cant my brother also make allegations against her on the gorund of cruelty and mis treatment? She everytime represents herself before the senior police inspector that she is very nice lady and do any household work for her husband, wherein she never ever do so, in this case even if my brother stays with her and if she do not do any of his work i.e., my brothers work then in this case cant my brother have any other single rights against his crule wife?

Please do reply

Sam


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