Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SAM (LEGAL)     27 December 2012

Help my father & brother in solving his case in familymatter

Dear Sir,

My elder bro is married to my bhabi and both stays in Mumbai. My bro was married through marriage berau in mumbai where my bro registered for finding girl. My bro works in NGO in Mulund with very less salary and so after marriage he used to stay with his wife in my father flat (self acquired flat owned by my father- agreement duly registered with sub registrar, Mumbai, mira road).

After 4 to 5 months of marriage my bhabi started to work in a hotel as she do not want to do all household work and she never used to stay at home even if she was idle at home (Some Bar & Restaurant located in Mira Bhayandar area), this was the job she got from her friend (who is a local political party leader and who has lot of influence who also used to help her in finding good job in Hotel in Mira road).

Due to more amount of affection and contacts with that guy my brother did not like the relationship which grew among them and due to this my bhabi used to quarrel and fight with my elder bro for silly reasons. (Want to tell u that my bro is very afraid of that guy as he first was a very good friend and then when he became suspicious from that guy he told his wife to stay away from him, but could not do anything as he got political backgroung and influence in local political party leader)

She also used to go to dance classes somewhere and did joint venture with that guy who has helped her get job in hotel. My brother didnt liked his wife working over there in hotel and she used to every day used to come with that guy vehicle or in bike which my bro didnt like and inspite of repeated request and warnings by my bro she never listened to him and used to fight for silly reasons.

She never used to cook food, never used to wash clothes, never used to go along with him when my bro sister marriage was in our native place in nagpur. My bro do not have any children as she (my bhabi) is having some gaynac problem. My brother told her every time to quit the job but she never used to listen to my brother.

One day in evening time my bhabi told my brother that she is going to her friend birthday party somewhere in mumbai at 7 or 8pm. She also told my bro to come and join her friends party, which my bro refused. One that night she came very late at around 12:30pm or may at 1:00pm in night. Due to her late coming in night my bro called his in-laws and told entirely about the behaviour for which my bro in-laws told him to go and search for his wife and told him to open the door and let her come home.

On that night she came very late, due to which my bro had lot or arguments and fight for which he slapped her on her face due to coming late at night with her friend and her collegue. One the next day my bro had lot of arguments with his wife for which her (my bhabi mother) insisted her to go to police station and register NC complaint in local Police station.

She locked my brother in home and went directly to police station and lodged a complaint to police for which my brother replied orally that she is not listening to her, not cooking food, not looking after him and not behaving properly with him. Due to which my bro sister in law send her message which state that "those who beat their wife is gay and he is s*xually impotent".

When my brother tried to intervene his in laws as well as arrange meeting with all his family members in this matter, then in that case, my brother in-laws put up entire blame was put up on my brother that my brother only wanted his wife to work in pvt. company so that she would help and support financially as well as we asked dowry to them and that why we are mentally and physically harrassing thier daughter.

After this lot of quarells and arguments took place wherein my brother decided to leave her and stay with us i.e., (my parents as well as myself) as she was not cooking food, not washing his clothes, not doing proper care of home and not serving him food and performing her duties.

Now the situation is that now 2 years have passed and my bro is staying with us and my bhabi is staying in the flat which is owned by my father and not leaving house after repeated request by my bro, but she is not leaving the house and insisting that we both (my bro and my bhabi) will stay in the flat and pay rent to my father, but not my bro is repeateadly requesting her to stay in rented flat but she is not leaving from the house and staying their alone.

Sometimes her relatives i.e., my bhabi mother and her father along with her sister come over that house and stays over there. Now my bro wants divorce from his wife and wants a good family lawyer from thane as we stay in mira road, shrusti, so in that case we have to go to thane family court to attend hearing.

my bhabi is residing in the flat which is owned by my father and my elder bro is staying with us in our flat (me, my parents). My bhabi is not going out from the flat where she stays. My brother has requested her so many times that we will go in rented flat and stay there as my brother is not financially sound and is working in pvt co. (ngo) with very less salary. what to do sir in such case?

Can my father who is owner of the flat (in which my bhabi stays) file a suit for declaration and permenant injunction in civil court in thane for evicting her form his home as my parents is senior citizen? After filing for civil suit and evicting from the flat, do my bro have to file for divorce case in family court in thane? Or do my brother have to take her in confidence and remove her out (but the thing is that she is not listening to staying in rented flat nor even want to stay with her husband).

Now that situation is such that even though my father is that owner of that flat he is not able to go to his own flat along with my mother, as he feels that if he goes then in that case she might go with an argument with my father & mother and try to lodge a complain in local police station in mira road and lodge NC. Could you please suggest something so that we can meet you in person and discuss in details. reply me asap.

Regards,

Sam



Learning

 1 Replies

Samuel (CEO)     27 December 2012

Can you please make it short concentrate with questions?

Most of us in forum can understand the issue easily in one liner.

like " False 498a and DV" " Wife not returning" " house share" visitation"... etc..

this would bring more attention for everyone.

Sorry please!!


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register