Santosh kumar (lect) 02 July 2014

Maintenance plea help

My sister is married for 20 years now and has a son. The son is 18 years old. She is housewife and totally dependent on husband. my brother-in-law has affair and seems like he has got married to that girl via registered marriage.

I am aware that this is case of bigamy and we can seek criminal actions against him. But the point is my sister is not willing to take the action , as her son's education will get impacted. He at this point needs funding for his education. Her priority is to guarantee her son's education.

my brother-in-law is barely gives money for family maintenance. The son needs lot of funds now for education.

What could be best possible approach here. Without taking any criminal action and impacting the son's education.

Regards

Rakesh kumar

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5 Replies

M.Sheik Mohammed Ali (advocate) 02 July 2014

now where is your brother in law staying, if he separate, you can file maintenance case.

Santosh kumar (lect) 02 July 2014

My brother in law at times comes home. But never stays at night. But when he is at home, abuses my sister like anything. She had runaway from home with his son couple of times already.

DOn't know how to prove that he is staying away from the home.

Santosh kumar (lect) 03 July 2014

sir

Please provide us help in this case. What proofs should we submit and what to claim in maintainance

stanley (Freedom) 03 July 2014

If your sister herself is not willing to take any action than why do you want to take action . First find out what your sister desires .If her desire is maintenance than go for it and she should not back out of it . When you aware about bigamy than you must very well be aware about CRPC 125 where she can claim maintenance for herself and her son. Consult a lawyer and go ahead with it .

SURESH KALAGA (secretary) 03 July 2014

Dear Mr. Ramesh,

If your brother-in-law is not providing any financial assistance, then who are maintaining your sister and her son? I mean your sister is working anywhere?. If not, she and her son (if he is minor) can claim maintenance against your brother-in-law. But your sister cannot permit your brother-in-law to enter in their house. If your sister has any strong proof of bigamy (adultry), aparently, she can file adultry case also. Will not destroy your sister's son education by this action of your sister. dont worry.

But, if any chance is there, try to change your brother-in-law's attitude and behaviour with the help of your elders or any arbitrators. Until take care of your sister and her son.

Bai.