Need help - physically abused by brother and his wife

Obviously I'm a male and sorry for not mentioning that.  My post might sound unusual around here, But I didn't come here to cry out what happened to me. I'm here to get some answers for my questions. And I thought to get those answers, It is better to describe what the actual problem is about.

I don't really care if you justify what he did was right or wrong. Cause, That's not gonna help me or answer my questions.

And No, I'm not looking for free lawyers or free services. I never asked or mentioned about that anywhere, Read what I said above.
I said " I'm financially weak right now** ". Not forever. And that doesn't mean I want a free lawyer. Refer my question #4 & 5.

And after reading that you're an atheist. I have nothing else to say.

Anyways, Im not forcing you to reply back.

I've trimmed my post.

Thanks.

Take this as a compliment.  People like you are very few, you need to be kept in a museum.   Goodness me, you are a compassionate person.

Ask your mum to file an application u/s 125 crpc.  Its duty of every grown up kid to support parents when they are in trouble.  Law supports it.  Get your hands on old bank statements, his latest maxi size photograph, his office address, his office address abroad.

You can also ask your mum to file a DV case under which she can ask maintenance which goes as follows.

Alright, you can just go through Maintanence and Welfare of Parents and Senior Citizens Act, 2007.

You can go through it on net, ask your lawyer about it. All the best.

BTW,  does your sister-in-law, (brother's wife) have any siblings? Can you talk to them on the personal front? Whom does she have as her siblings if she has any? Reply if u can.

P.S. : I am an atheist, but I did not tell you also to become atheist. 

Your problem is simple and solution is also very simple.  You engage a local advocate and a legal notice has to be sent by your mother through a lawyer demanding monthly maintenance of about Rs.15,000/- indicating that he was earlier paying the same.  After 15 days of sending the notice, move an application under Section 125(1)(d) of Criminal Procedure Code along with interim application and file it in the court.  The application shall accompany the bank passbook, which shows that he used  to pay Rs.10,000/- per month on earlier occasions and also notice sent to him..  Within three to four months, she would start to get the interim relief of not less than Rs.10000/- per month and after two years the order would be further confirmed after evidence is over.  For sending legal notice and filing the petition you pay Rs.1000/- to the advocate and once you get  interim relief you pay him  Rs.5000/-, as you fix the total fee Rs. 12,000/- and the remaining six thousant you pay instalments when case proceeds further.  

In all statements whether by yourself or by your mother begin with the following:

(1) Your full name

(2) Your gender (in olden days they were saying 's*x')

(3) son of, wife of or daughter of.

(4) Your age

(5) Your current address.

If you do all the above confusion will not arise as to whether you are a male or female etc.

Self introduction and chronological narration of the case are most important  for success.

Thanks for your information guys, really appreciate your inputs.

The problem is actually not simple, because it has blown out of proportion and he's like willing to do anything to please his wife.

@HelpingHand! :

Thanks for your information. But right now i'm looking to file a case for the maintenance only.

Obviously I'm taking care of her right now, I have managed to look after her all these years but my business is not like before. My expenses are getting higher than what I earn. She also has medical expenses. So, This money would really help me to take care her medical expenses and balance out my situation.

@Shailesh, She has a sister and we both explained the situation to her. But you know what...

She took her phone and started recording all the conversation thinking that I didn't notice her screen that recording ( its an iphone that shows on the lock screen. ) and later she sent it to her sister.

After that, It has gone even worse.

@Chandrasekhar:

Sir, pardon me. I'm not sure If I understood your post.

1. How can she demand 15,000 when he actually sent 10,000 before ?

Cause I have the bank statement for proof as he sent 10,000 only.

2. Are you saying that this type of case will take around 2 years ?

I'm totally new to this, a little more explanation would be much appreciated.

Thanks.

From the time when he stopped  sending Rs.10,000/-, the cost of life has  increased and so your mother can demand for maintenance of Rs.15,000/- instead of Rs.10,000/-.  You can say clearly that earlier he was paying only Rs.10,000/- but taking into consideration of the escalated price rise, she is praying for the maintenance of Rs.15,000/- per month.  Finally, it is the court's discretion how much she should be provided.  Do not forget.  Being son, the court will also take into consideration that how much money / services are going from your side to her.  You both are equally responsible for her maintenance.  If she is staying with you and you are meeting her medical expenses and paying rent, the court will take that also into consideratin.  Interim relief will be granted under Section 125 1(d) within 3 months and she starts to get some amount. Final adjudication will take two to three years.

Hmmm.... I  see. Then it is advisable that seek for legal solution only as her family members are also in her favour.

All the best!

Learned advocate Mr. Chandrasekar has given you proper advise as what is to be done and how, you may follow his advise, I fully agree with him on all the points except one issue, i.e., the fee aspect of another advocate.  I am sorry to say that no advocate has any right to fix another advocate's fees, this could have been avoided.

I am fully agree to the suggestions made by my friend Mr Kalaiselvan who has partially agreed to the advises given by the Mr Chandrasekar, no body has right to fix any body's professional fee. So it must not be either advised or quoted on this platform.

The maintenance case can be filed with in preview of the sec 125 of CrPC and Sec 12 of the domestic violence Act read with the Maintenance and Welfare of Parents and Senior citizen's Act 2007 as been quoted by Mr Saileah.  This Act has  also provided simple, speedy and inexpensive mechanism for the protection of life and property of the older persons. to provide more effective provision for maintenance and welfare of Parents. After being passed by the Parliament of India received the assent of the President of India on Dec 29 2007 and was published in Gazette of India on Dec 29 2007. Though some states have already  implemented the Act and other states are taking steps for implementing this Act.