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jasvinder (Querist) 18 October 2012 This query is : Resolved
sir a story about my family which ruined our family-
my brother got married in year 2007 from ghaziabad.everything was alright his wife always insisted him to sell familt business and take share and to follow him to join her family.for peace my brother shifted to ghaziabad in year 2009 and lived in his inlaws house invested rs 100 lakh in there buisness in which her wife was partner from before marriage.in 2011 he asked his money and his inlaws throw him out of there house and filed case u/sec 13 1(a) (b) on ground that boy had left his wife in year 2009 and deserted her.my brother have male child which is now 5 yrs and his inlaws had no male fellow except his fatherinlaw.
we started contesting the case on ground that my brother was with his wife till 2011 and not deserted her.
proof-
1-in year 2011 my brother gave money to her wife for purchase of land in noida which was registered on name of his wife and his inlaws in which saledeed my brother was witness.
2-in the year feb 2011 my brother started a pvt ltd company with his father in law in which he is director and registered in delhi ROC.
there are several other documentary evidence which will proove that my brother had not deserted her wife infact it was his wife who thrown him out of his house.
my brother after coming from ghaziabad filed sec 9 at nainital to call his wife
my brother had also filed meeting and custody of minor child.
sir i want to ask-
when my brother came in year 2011 to his hometown his father inlaw very wicketly filed a resignation of my brother in year 2012 and appoint another daughter as director.
what legal action my brother can take against his father and sisiter inlaw.kindly tell the procedure as the matter is of delhi ROC.
What else action my brother can take against his wife as my brother had no work to earn his living.please advice as they r also threating tht thy will file case of 498a.i dont understand that how they can file such case as they had filed sec 13 case giving false statement that my brothet left her in 2009 but my brother lived her happily in her owm house till 2011.please guide

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Shonee Kapoor (Expert) 20 November 2012
Consult a local lawyer in the place where the company is registered. It is a clear case for cheating.

Also w.r.t. the divorce case, that has to be contested on merits alone.

Regards,

Shonee Kapoor
www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: http://groups.yahoo.com/group/sahodar

ajay sethi (Expert) 20 November 2012
if your brother has invested Rs 1 crore in business he can afford legal fees . if your in laws file 498 A case you have to contest case on merits . as far as divorce case is concerned if it is filed based on flase staement on oath it wont stand judicial scrutiny as you have documentary evidence that you lived with your till 2011