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life_goeson (owner)     02 September 2013

Urgent help blunder mcd

My sister in law filled a caw complaint last year but dint file any cases n later my brother and my bhabi decided to live together but my brother asked her to write in her caw cell that she filled a wrong complaint n she did and they signed a mou to start living again together. but later my brother asked asked her to file mcd to saveguard his family n they both mutually filled it but continued to live together but somhow somthing went wrong n my brother left the house(rented) and asked her to continue with divorce they lived together for around 4 months in between of mcd and once they started living separately  he gave her first motion cheque but they had a arguement and out of  ego clash my brother  did a stop payement. my brother still have her jewellary with him and she asked for her jewellary and my brother alwasy replied that give his and take her jewellary. . but now the situation is that in between my brotheer did a stupidity and asked her to come back again or take divorce for free. she came to my house and created a issue he  called police but he wrote in front of police that he is  ready to keep her but she kept on fighting and asked me to give her cheque and jewellary n complete second motion n very next day but somehow nothing  happened and after some days he  asked her to settle the divorce in lesser amount she dint agree and now she is not ready to give him divorce. she is threatening him that she will now get the mcd cancel and file rcr or file dv case she want to live in our house. now my brother wants to move out of city and ready to pay the amount but she is stuck now she is saying that my brother done a enough mental cruelty on her now she will fight and will get the share residence. please help us i know my brother did lot of blunders but what can we do now. they even filled a back dated seperation divorce and now she is saying she is ready to go to jail but will tell court how my brother and his lawyer played a game n trapped her to give divorce. whn she wanted to live.

now she want to cancel mcd and file dv case for residence and rcr. my brother wants divorce. she is asking for both side of jewellary now but my brother is saying take only one side of jewellary or fight in court. but he has sent her many sms in which he agrred to the fact that her jewellary is still with him. please help us n suggest some good lawyer and can she get a share household or a stay on our property or can she drag us or can she demand both side of jewellary please help us. what if my brother file contested divorce she is giving him challange that she will get it cancel she will not take even a single blame on her and she will file rcr the vary same day .  she demand mantaince.? can she get share household just on rcr or in dv?



Learning

 3 Replies

Tajobsindia (Senior Partner )     03 September 2013

@ Author,

1.
Suggest to carry with you legal papers of your brother and SIL and go to a District Court and Chamber consult with few Family Law Advocates and after satisfaction hire one on behalf of your brother.
2. Your presented brief is not fit for legal advice in a free Legal (internet based) Forum without seeing parties Legal papers is my opinion.

life_goeson (owner)     03 September 2013

hello mr taj i heard you provide some very good useful advice...sir please help me to atleast give some remedy or explanation regarding my post

Tajobsindia (Senior Partner )     03 September 2013

Dear Admirer,

I would had loved to attend to query. But, this particular brief baffles me as it carries one too many inconsistencies, collusion, duress, falsities and if I reply in open forum wihtout seeking more facts it will simply open up un-healthy Pandora’s box.

Another reason I am limiting myself not to attend to this query to a queriest more or less satisfaction is that the English syntax used therein are very bad as it is written in third persons voice and the moment one brings such voice to my notice, lot of material facts gets loses its factual meaning thus actual remedy which main sufferer would have deserved from Law is lost in translation.

Nevertheless once I reply anywhere in LCI I never reply in ½, I have already suggested you in para 1 r/w para 2 in continuation about what you should do, offcourse it costs some Consultation fees which is not bomb that local Advocates charges
J

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