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AJAY KUMAR (Marketing Manager)     16 May 2014

My mothers property and my brothers divorce case

Hi Experts,

                    My Mother is a 73 years old lady and had survived 2 heart attacks. She is handicap and cannot walk even 2 steps  without a walker. My Father passed away in the year 2008 leaving behind 2 houses together in my native place which is in Dehri On Sone, Rohtas, Bihar. My mother started staying in one house there and the other house was on rent from which she was getting Rs. 2000 which was the source of her medicine. My younger brother was working in Delhi at that time. My Brothers wife and his 2 children were staying with my mother in the same house. My brother's wife started blackmailing my brother asking him to remove my mother from that house or she will kill both his kids as my brother was strongly attached with the 2 kids. She use to beat my mother snatching her hair and refused to cook for her as she knew my mother was not capable of cooking for herself. Seeing all this my brother brought my mother and the 2 kids to Delhi and they started staying together. After a couple of months my brothers wife forced him to bring her to Delhi as well or the consequences will not be good. At last my brother brought her to Delhi as well and requested her to live peacefully and take care of my mother. Just after a few days of her arrival in Delhi she started with the same activity. My brother was working in a call centre where he worked in Night shifts. Many Nights it happened that my brother's wife use to go some where late night and come back early in the morning just before my brother came back home. One cold winter morning when my brother came back from Office he found my mother lying outside the house without any warm clothing and the house was locked from inside. She was lying down because she cannot walk infact she was unable to get up. My brother knocked the house and shouted after which my brother's wife opened the door. When He asked the question to my wife, her answer was I don't know. The elder kid who was 7 years old at that time spoke out and he told that this is not knew and had happened many times till that date. She did whenever my Mother objected and asked question on her going out at night and coming back in the morning before my brother comes back. When my brother asked the question to his wife, her answer was again that She will not live with my mother in the same house. My brother had no choice other than to seperate both of them. My brother took 2 houses on rent, one for his wife and other for my mother and he use to juggle. After a few months my brother realized that he cannot survive like that as his earning was not up to that level. He left his job and came to Ranchi, Jharkhand and started a small automotive spare parts business there. After a few months he shifted his wife to Ranchi where as my mother was staying in Delhi. Managing the expenses at Ranchi as well as Delhi was tough for my brother and hence he thought of bringing my mother to Ranchi which was objected by my brother's wife. At last my brother has no choice than to leave my mother in her own house at Dehri On Sone, Rohtas, Bihar. In the mean while my father's earned 2 houses were transfered to my mother's name with everyone's wish ( All brothers and sisters). The moment my brother's wife got the information that my mother is staying in her house at my native place she started pressurizing my brother to take her there for which my brother refused saying that it is my mother's house and he cannot take her there as my mother does not want that. Listening to this my brother's wife started beating my brother's 2 kids mercilessly. Infact she threw the younger kid down and kept her leg on his neck. The elder kid bit her thighs and saved his brother. Seeing all this my brother took both the kids and left for my mother's house at my native place. After he left Ranchi, My brother's wife called the police and lodged a kidnapping case of her 2 kids. Police went to my house and found the 2 kids playing in ancestral house in a village where my mother has gone along with my brother to meet my relatives. My brother narrated the entire story, Police asked my brother to come to the police station along with the kids. Police also called my brother's wife and his father. In the police station both, my brother's wife and her father tried a lot to lure the kids but the kids refused to go with my brother's wife and her father. After this police wrote the entire report and handed over the kids to my brother. The next day my brother went to the Local Sasaram ( District Head quarter) court and filed a Divorce petition on 20th March 2014 and left for Ranchi. The first hearing of this divorce case is scheduled on 21st May 2014. My mother at the same time lodged a complaint through a letter to D.I.G, S.P and the local police station. She also filed an informatory petition to the local court.

The very next day my brother's wife came to my mother's house and  tried to force enter but she was not sucessfull since my mother had kept the house locked from inside. After making an unsucessfull attempt she started shouting and abusing my mother and brother for hours and then left that place. She came back after some time with all her luggage and started living in a house made for cow in front of the house inside my mother's property. She went to Police again and made a complaint that they are not allowing her to stay in that house. Police came many times and they started mentally harassing my mother and threatening her to keep her in this house or the consequences would not be good. My mother told them that this is her house and She has a life threat from my brother's wife for which she has lodged a complained to D.I.G ( Police), S.P (Police), the local police station as well as to the local court and hence she will not allow her in. The next day the Incharge of Women cell of Police came to her house and started threatening her of putting her and all her children into prison if she does not let her in. My mother was unable to take that pressure and her blood pressure started going high and she started shivering. Seeing this the Lady Incharge of Women cell fled immediately from that place. Seeing her detoriating health my brother came back and took her to a hospital in Varanasi as Varanasi was near to that place. Since the house in which my mother was staying was locked completely and she cannot break open, my brother's wife started targeting the house which was on rent. One evening when there was no family member of the tenant my brother's wife went into the house and asked my tenant to vacate the house immediately. When the tenant refused saying that he will vacate only when my mother will ask him to vacate, My brother's wife threatened him that she will tear her clothes and will go runing to the police station and get him trapped in attempt of rape case. Listening to this the tenant immediately called me on my phone to inform that he is vacating the house. After the tenant vacated the house she started living in the house. My mother once again wrote letters to all, D.I.G, S.P and the local Police station requesting them to intervene and get the house vacated but no action was taken on it. We contacted a few local lawyer's and asked them what to do. Everyone adviced us that the house belongs to my mother and no one has got any right to get into it. They asked us what will we do if the person was not my brother's wife. I replied that I will throw him out. The Lawyer's adviced that we should do the same thing even here. We all brothers and sisters accept my younger brother went to Dehri On Sone, rohtas, Bihar. ( Please note I stay in Bangalore, My Sisters came from Gandhidham, Gujrat, Mughalsarai, U.P and Jamshedpur, Jharkhand). One evening we went to my mother's house and asked my brother's wife to vacate the house. She refused and started shouting and abusing all of us. While I and my mother were out of the house, my three sisters were asking her to leave the house as this house belongs to my mother. My sister's tried pulling her out of the house holding her arm. The moment my brother's wife felt that my sisters and more in number, She snatched her arm and ran outside shouting that they have beaten her and threw her out of the house and also that she is going to call the police. We got inside the house and locked the house from inside. I left the house after an hour and went to my friends house as we knew that she can put any false allegation on me. Late in the night police came to my house asked my sisters and my mother to open the house. They refused to open as I have instructed them not to open the doors. The Police once again started threatening my mother and my sisters. The Police for some reason is getting biased and also judgemental and asking my mother to transfer one of the houses in my brother's wife's name or they put all of us in the prison.

We have tried speaking to my brother's wife many times in the past. As per her, she cannot live her life with my brother, She does not want the kids and says that she is not bothered whether my brother keeps them or kill them. All she wants is one of the houses from my mother's property and her expenses to be paid every month.

Please advice as we brothers and sisters are more concerned about my mother's houses as that is the only basis of survival for my old mother. As far as my brother's divorce is concerned, we will obey the courts judgement.

 

P.S - I have all the documents with me but cannot attach them all. I have attached a few.

 

Thanks and Regards.

 

Ajay Kumar



Learning

 8 Replies

SRISHAILA.DHARANI (Advocate&consultant)     16 May 2014

Dear Ajay,

You need not worry.Please give a complaint to the police higher authorities, narrating the facts including no coperation from the police and taking sides with your brother's wife.

Your brother's wife don't have any rights over your mother's property.If she enters any of the houses, it will be criminal offence, means "criminal tresspass".

 

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com

AJAY KUMAR (Marketing Manager)     16 May 2014

Thank you Srishaila for a prompt reply. My mother has given 2 written complaints till now to D.I.G, S.P and the Local Police station. There was no action taken. I have personally been in touch with the current D.I.G over the phone and informed him about all the incidents since last 3-4 months. No action has been taken. The Women cell Incharge kept threatening my mother and was passing a judgement that she should give one house to my brother's wife. My mother is so scared that she has left the city and is staying on rent in a different city and I am sending her money for her living. Finally I thought of taking a judicial route and save my mother's property as it has both emotional( As the house was built by my father by taking a loan) as well as income value. My mother is so scared that she wants to sell all the property and settle down in some other city. When my brother's wife got this feeling she started threatening everyone who comes to see the property and she has also written that there is a case going on this property, on its wall.

We all brothers and sisters are scared of going to that place as by brothers wife may try to trap us in any false case and the women cell In charge in police will help her in that. Please guide me of any Judicial way out.

Best Regards.

 

Ajay Kumar

SRISHAILA.DHARANI (Advocate&consultant)     16 May 2014

1.why don't approach the police commissioner's office and narrate the facts.They may help you in this regard.

2.File a police complaint on the ground of harassment by you all people,this will also help you .

3.Let your mother File a domestic violence complaint , in the megistrate court,narrating the facts and ask for an order restraining your wife from entering the house or disturbing her with police help.This will also help you.

srishaila,advocate,bangalore

AJAY KUMAR (Marketing Manager)     16 May 2014

Hi Srishaila,

                 I am convinced with your advice. My mother as well as all of us ( Brothers and Sisters) are afraid of going to that place as my brother's wife along with the local Women Cell Police incharge may try to trap us by putting any fake case on us. Is there a possibility to file a case some where else? 

 

Best Regards.

 

Ajay Kumar

AJAY KUMAR (Marketing Manager)     17 May 2014

Hi Experts,

                Can anybody suggest whether I can file a case suggested bt SriShaila in the High Court of the state rather than the lower court or district court? If Yes, then in what circumstances.

 

Best Regards.

 

Ajay Kumar

SRISHAILA.DHARANI (Advocate&consultant)     17 May 2014

Please recheck my advice.I have not told you High court.

T. Kalaiselvan, Advocate (Advocate)     17 May 2014

You have been properly advised to approach the higher police official of your district in the event of you apprehending the women police to harass you and your mother and brother colluding with your wife on the basis of graft received from your wife side.  The doors of law are not closed, she cannot keep doing all the atrocities and still escape the clutches of law, she or her goons in the name of of her parents or others supporting her cannot escape law for ever, they have to answer for all their cruel acts.  The district superintendent of Police will be able to help you should you approach with a proper application and documentary evidences supporting your grievances.

AJAY KUMAR (Marketing Manager)     18 May 2014

Mr. T. Kalaiselvan Sir,

                                      We have given the written complaint through registered post and fax 2 times to higher official including D.I.G and S.P but we have not met them in person because we are afraid to go to that city. I have personally spoken to D,.I.G and S.P over the phone. D.I.G knows the entire story and is convinced with the fact that my brother's wife is doing illegal things but he refers me to the SDPO ( DSP) who is a new person to that city and he believes what the women cell incharge of police says. This is the reason why I am looking for a legal option. My district is in Bihar. Can I file a case in Patna High Court?

 

Best Regards.

 

Ajay Kumar 


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