cpc

issue with brother in law


Dear Sir/Madam,

my brother in law harrassed my sister to bring property from my parents, it is love marriage but they married my sister for money, she able to bare the torture for almost 7 years but their toruture went to extreme level, i bought back my sister to home, after two months my BL sent a notice telling she was insisting to put a new family and for not accepting that left house and asking her to come back.

Actual reason was money, that guy was a photographer and addicted to liquor, playing cards etc, her husband and mother in law both are harrassing and 2 panchyats held till now they are insisting my sister to live in a separate house and that guy will change and lead a good family life.

we have not filed any 498a case, my sister is postgraduated and searching for job my BL is 10+2, they have two kids, during panchayat we asked her husband and his parents to give a written note telling now onwards they dont harass and blackmail my sister then only we will send my sister back.

now they telling only her husband will give a written note and her paretns wont do that.

my question is this right way to have a written note given buy my BL for my sister safety.

Please advise me the right process to have a writtten note which is legally valid in case if any issue happens in future for the safety of my sister and her kids.

Thanks in advance.

Regards,

Srinivas

 

 

 

 

 

 
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i dont want to file 498a, my BL is ready to lead a happy life and he was ready to give a written note in future he wont behave like he didn before, i want some help how this note will be written is there any section for this or just a note written by her husband and get it notary will be helpful. in case if he repeat the same we will go and file 498a and maintenance?

 

 
Reply   
 


CEO

Sir, In family matters such as these written assurances do not have any strength and can not forestall any future misdemeanor of the husband. It would be advisable to involve the police and get the assurances, in writing, in their presence to forestall any future physical harm. Good luck, Kishor Mehta
 
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actually this matter went to police station but police are not ready to give written assurance, mine was a small town and they managed the police inspector, SI just telling from now onwards he will lead good life and asking my siter to give one chance for him to change. tht is why we want to have a written assurance from my BL from any advocate and do notary so that in future if anything  happends he will sent behind bars and get proper punishment.

i want to give one chance to him otherwise my nephew and niece will suffer in future, just thinking of their future i'm trying to fix their problems.

kindly advise how to fix this issue.

regards,

Srinivas

 
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advocate

There is no section.  Note is simple.  After signing get it notarized in the presence of husband and wife.  In future, if you file any case, it will become a valid piece of evidence.  It has to be signed in the presence of three witnesses.  Make sure, that all those three witnesses are the people living in your area and if necessity arises, in future, if they would be called in the court, they should give evidence about the fact of this document and also say that it has been signed in their presence.  The note goes like this:

I,.........(husband's name), S/o........., aged ........ Resident of ............................. on solemn oath affirm and state as under.

1.  The marriage between me and Smt. ..................(wife's name), wife of .............., daughter of ............. held on........................(marriage date) at...........................(marriage place).  Due to this marriage, two children named (1)....................., aged...........(2) ....................aged............. born.

2.   Due to the matrimonial differences, (here you describe in your language how he harassed his wife), my wife left to matrimonial home on..................... and has been living there.

3.    I hereby assure that I will not demand any dowry, presentation, money, land or any other valuable immovable or movable property from my wife or her parents, brothers and other relatives.

4.  I will stop to consume liquor and to physically and mentally abuse my wife and children.  As a responsible husband and father, I provide food, shelter and all other amenitites to my wife and children.

5.  I will keep my wife and children happy and will give no scope for any complaint from their side.

6.  I will set up separate house for my wife and children and take care of them.

7.  If I fail to keep my above promises, my wife is at liberty to file the appropriate civil/criminal cases against me, in which, this document can be used against me.

This undertaking is read over to me and I completely understood the contents of the undertaking and I am signing it on my own free will and volition and without any force or fraud or coercision or allurement.

(Signature of the husband)

(signature of the wife)

WITNESSES:  We identify both the husband and wife.  We witnessed the signing of the document by both the husband wife in our presence.

1.......................Aged, R/o...................

2......................Aged, R/o..................

3....................Aged, R/o...................

 
Reply   
 

Thank you very much Prabhakar Sir, i'm trying hard to save my sister family your advise acts as a road map to me, it boosted my confidence.

my heartly thaks for the great job.

regards,

Srinivas

 
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