Case guidance
Guest
(Querist) 19 July 2016
This query is : Resolved
Dear Experts ,
My elder cousin brother got married last year and it was an arranged marriage….after 2 months my brother came to know that girl committed fraud by hiding some information…at the time of marriage this information was kept confidential.After knowing about the issues my brother asked her many times that why it was not revealed before marriage but she could not reply and started arguing..Later her mom ,dad and girls brother started interfering purposely with my brother.Girl also started harassing my brother and she threatened my brother and started staying at her parents place.Immediately we filed a case of nullity and case is going on since past 12 months.Girl has not filed any case but of late now they are asking for money to settle the case.They stayed for 2 months and property belongs to my brother and he is paying EMI since 4-5 years.girl purposely wants to stay together with my brother just to harass him more.my brother is not interested to stay with her because of above issues…is there any chance that court will force my brother to stay with her??he is ready to provide alternate accommodation or rent...no dv filed by girls side.in this case can they seek relief under dv act and take undue advantage .is it good to continue with nullity or apply for divorce.Please share your views.Thank you all in advance.
Kappil Cchandna
(Expert) 19 July 2016
Sir,
It is advisable to settle the matter and get rid of her as soon as possible.
Warm Regards
Kapil Chandna Advocate
9899011450
Sudhir Kumar, Advocate
(Expert) 20 July 2016
".after 2 months my brother came to know that girl committed fraud by hiding some information…at the time of marriage this information was kept confidential."
what is the fraud?
against who the fraud is there?
Sudhir Kumar, Advocate
(Expert) 20 July 2016
"Immediately we filed a case of nullity and case is going on since past 12 months."
on what ground
Sudhir Kumar, Advocate
(Expert) 20 July 2016
girl purposely wants to stay together with my brother just to harass him more.my brother is not interested to stay with her because of above issues…is there any chance that court will force my brother to stay with her??
YES.
SHE NEEDS NO COURT ORDER. EVEN POLICE HAS A DUTY TO HELP HER TO FORCE ENTRY IF SHE WANT TO LIVE WITH YOUR BROTHER AS LONG AS THERE IS NO DIVORCE.
THE TITLE OF PROPERTY IN HUSBAND'S NAME HAS JUST GOT NO RELEVANCE.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
"he is ready to provide alternate accommodation or rent...no dv filed by girls side.in this case can they seek relief under dv act and take undue advantage ."
HE CAN GET SOME SYMPATHY OF COURT. BUT STILL WITH THIS OFFER SHE DOE S NOT LOSE HER RIGHT TO BE WITH HIM.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
"is it good to continue with nullity or apply for divorce.Please share your views."
YOU HAVE NOT AT ALL SHARED THE RELEVANT FACTS SO NO USEFUL VIEW CAN BE FORMED TO REPLY THIS PROPOSITION.
Mr Kapil Chandra has already opined that
"It is advisable to settle the matter and get rid of her as soon as possible."
Based on given fact no more view can be formed.
P. Venu
(Expert) 20 July 2016
Yes, what is the alleged fraud which was not revealed to your 'cousin' (or is it you)?
Rajendra K Goyal
(Expert) 20 July 2016
The case is in the court, let it be decided on merits.
She can not claim property of your brother, she may be entitled for maintenance.
Guest
(Querist) 21 July 2016
Dear All,
Thanks for the feedback.we have few doubts and therefore we thought of taking advice on this forum.She has some disorder and after discovering my brother does not feel like making love with her. Initially girl was not ready to undress due to above problem and after knowing my brother is not ready to share the same bed and marriage could not be consummated.Later we also came to know that she was under some treatment.One day she threatened my brother and left at her parents place so we filed a case of nullity,fraud and cruelty and we have submitted evidence.Now she wants to come back to harass my brother and extract money.In court premises also she along with her brother is harassing.It is obvious that they are trying to extract money.In mediation they asked for money but in court room girl is insisting to stay at my brothers place(to give more pain) just to look good in court room…
Now my question is, they have not filed DV,498 etc…in such a situation can they seek relief or court will give them relief under DV to enter my brothers place just to harass him and make the situation worse…at the same time my brother does not want her back and he is ready to pay rent for a new place….is it possible that court will force my brother to stay with her…
Guest
(Querist) 23 July 2016
my brothers salary is Rs.60000/- per month and girls salary is Rs.45000/- per month
N.K.Assumi
(Expert) 25 July 2016
Yes, Rs.60000/- and rs.45000/- per month respectively so?
Guest
(Querist) 26 July 2016
i am trying to provide all the information i can>>>>Dear Experts,please give your valuable inputs
adv.bharat @ PUNE
(Expert) 27 July 2016
Court can't force to leave with her without his consent.
Guest
(Querist) 12 August 2016
Dear Experts,
Respondent mentioned in her written statement/say that the my brother has not returned her gold jewellery but it is not true.We also have evidence that all valuables are with the girl and she is accusing him purposely and harassing him for money.
NO DV,498 filed by the girls side
My question is,
1)Is it possible to file defamation case on her/parents to put some pressure because my brother can prove easily that he returned everything to her/parents???
2)What do you suggest?defamation or fraud 420..
3)Will it help my brother to negotiate with her because she is asking money for mutual settlement.
Please give detailed reply.Thanks for your help.
Guest
(Querist) 17 April 2017
Dear Experts,
My cousin brother finally got separated after a long struggle in court.At the same time he realized that his wife negotiated with him in a strong manner because the property they were staying belongs to my brother and it was acquired before marriage.She took undue advantage of this situation and therefore not ready to leave him.She was insisting to stay with him so that she can harass him and so on…After this nightmare my brother has decided to transfer his flat to his brothers name to avoid similar situation in future.My query is, 1)Is he required to do the sale agreement or he can gift him 2)Any other option to avoid similar situation because it is common nowadays that most of the girls are easily influenced by third party and starts demanding heavy alimony etc for separation. I request you all to give your feedback.Thank you.
Please give your valuable suggestions as he is planning for second marriage soon.
Guest
(Expert) 17 April 2017
He Could mortgage it to some one very trust worthy for the market cost of the property and the mortgage could be cancelled once the disputes gets over.Consult a senior document writer at the concerned Registrar Office. Simultaneously he could get the Receipt for the Loan amount refunded with out date and power of attorney from the Person in whose favour the Mortgage deed is Executed.So that he would be secured to some Extent.Normally the POA will not be reflected in EC.Let him not give the Original Documents to any one and he could keep it in some Safe Lockers.Basing on the POA obtained he him self could cancel the Mortgage Deed as and when possible. Consult A Local Good Senior Advocate.
Guest
(Expert) 17 April 2017
"To Whom So ever it may Concern" Whether the name of the Author is Justified and Accepted.
Sudhir Kumar, Advocate
(Expert) 17 April 2017
you asked
"in such a situation can they seek relief or court will give them relief under DV to enter my brothers"
She need no court order for entering the house as long as there is no divorce.
