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Maintainance case

(Querist) 03 October 2013 This query is : Resolved 
i lakkesh from bangloure my brother maried 10 years back, now he have 1 son (9 years old) & one daughter( 7 years old),& after his wife gone to her mother home during the pregnant time for the delivery.
after some days his wife tourchered to do separate house for them. starting my brother was not cared about his words for making separate house from joint family. due to this she fight with father in law & mother in law & haresed whole family.
after some days my brother made a separate house for him & his wife, children, but she stayed with him only one year eight months.
after some days she not came back to my brother house & so many time he went to her mothers home & called back to her home, she refused to back to her husband.
after some days she filed a maintainence suit against her husbend five years back.

my brother refused to pay maintaiance, he is a daily wage laborer five years back,in that time he is not a financial sound person, he is staying in is ansister property, the property is in father name he not have any source of income, in that time he is in rented house.
my brother told in the court that 'I don't' able to give money, she can come with me , but i am not able to give money i am a daily wage labor my wages per month 4000 rupees, i need to give some amount to my parents & some amount to rent & my personal expenses, she asks per month 5000- 8000, where can i go for that much of money'.
after that my brother not gone to court due to busy in work & she also not gone to court.
after so many years, now she coming to our relatives for compensation of thirty lakhs rupees, but he don't have money and she is harasing day by day more.
last six months back we paid & requested for judgement copy of old case, which was filed by her maintainence suit, now the sirsidar (record room officer) is telling that your judgement copy is missing, i need some time, but there is no response, nearly eigth months are over.

now she was not giving her children's to him, she was not giving opportunity to see childers & to talk, she shown 3-4 times only for 5 to 6 years of period, so my brother is so depressed, now parents are seing girl to second marriage for my brother.
my brother is willing to do any thing to her childrens, but she want only money, she is not willing to join her childrens with her husbend.

1) what is the solution to get judgement copy. & any other procuder to get judgement copy.
2) my brother can go for second marrage.
3) is any other way to avoid with her compensation mater.
4) can any way to see her childerns & to do any thing help for their future plans.
5)my brother was lost so much money for leagle expenses, what he earned that is loing & lost for leagle expense, & her harasements.
so any free leagle based tribunals or some, any provisons are there to tackle her harasment's.

so, please give any sugetions to save him in problems.
ajay sethi (Expert) 03 October 2013
for obtaining copy visit the court and ask for certifed copy of order . since your brother is party to said case he can get a copy of order.
your brother can ask for vistation rights for children . he cannot marry again without obtaining divorce from first wife . he can contact district legal aid centre in your city for free legal aid . file for divorce on account of desertion and mental curelty
Rajendra K Goyal (Expert) 03 October 2013
Well advised by the expert ajay sethi ji, nothing more to add.
Nadeem Qureshi (Expert) 03 October 2013
agree with experts
Raj Kumar Makkad (Expert) 03 October 2013
I also do agree with the advice of Ajay.
lakkesh (Querist) 05 October 2013
six months back we paid fees for order copey in the court & requested for judgement copy of old case, which was filed by her maintainence suit, now the sirsidar (record room officer) is telling that your judgement copy is missing, i need some time, but there is no response, nearly eigth months are over.


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