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fighting back (exec)     21 December 2012

Does including brothers income in demand amount to cruelty

dear members,

i have received a pvt notice by my wife's advocate of various accusations on me and my family, besides that it has stated that i earn an xyz amount, my brother earns xyz amount and so forth, all my family members including my brother has received an individual copy each

my question is,

does including my brother and eyeing his income while demanding money from me, amount to harrasment to my brother.

can my brother file a demation or any other suit on my wife?

pls advice


 10 Replies

Rahul Kapoor (Legal Enthusiast)     21 December 2012


your wife cannot demand maintenace from your brother's income.

she can only demand  from you and only when she is unable to maintain herself.




Msk-need -nuetral- laws (self)     21 December 2012

This is mere notice as per legal process, does not amount to cruelty or defamation

sridher (system analyst)     21 December 2012

No brother your earning are not calculated in the court only The Husband earning are calculated.

sridher (system analyst)     21 December 2012

only they have sent a notice to harras you or frustrate you. dont worry nothing will happen to your earnings

approach a good lawyer he will explain all this things are purchase hindu marriage law book by paras diwan

every thing is clear in that book it costs nearly 500/- rs

1 Like

sridher (system analyst)     21 December 2012

You can file the defamation case not your brother

Saurabh..V (Law Consultant)     21 December 2012



For the purpose of Maintenance, only paying capacity of husband and requriement of wife is considered. Earnings of any other family member is not considered.


Maintenance should be fought as a duty of husband and not a right of wife. If the wife has religiously performed all her duties, then husband is liable to perform his duty of maintenance. But if wife refuses to perform her duties then she should not be allowed any maintenance whatsoever.


Our law as on date sees maintenance as requirement of wife and as her right. but in my view this is highly misplaced understanding of laws and culture. We should start seeing maintenance as a punishment to the erring spouse than a way to get rich. There are cases where wives leave their jobs and then claim maintenance. Such cases throws light on changing mentality of women in India and hence immediate steps are required to balance the uneven position of both genders.




1 Like

Saurabh..V (Law Consultant)     21 December 2012



This notice does not amount to Defamation. Kindly desist from taking any legal step for this notice.

1 Like

Tajobsindia (Senior Partner )     21 December 2012

I differ to second opinion of @  Saurabh V. for a simple reason your brothers first need clarity from their bhabhi ji and if she keeps quite after sending below reply by you then it is religious hurt defamation case for sure for all of them to take call on!

Essence of Family Law in India

YOU  KNOW  YOUR  WIFE  and her Advocate WELL  ONLY  WHEN  YOU  MEET  either of them IN  COURT' 


RPAD / Courier post below safe reply to your wife's advocate or better send it as PHONOGRAM with copy to her and later shoot RTI Application to Postal Department for true copy of sent phonogram and this true certified copy of reply to a Legal Notice will greatly help you and your brothers later on for seeking AB / Bail in case some criminal nature charges arraying family members are forthcoming call of the day of her advocate.



Dear Wife (mention bedroom name you used to call her; which you muster recollecting now!),

I received a legal notice sent on your behalf by your knowledgeable experienced advocate asking property, income, liabilities details from me out of the blue. The legal notice was also sent to your married to family’s all male members asking their property, income, liabilities details too.

For aforesaid asked details from me you being my legally wedded wife already know about my pocket size now what to tell in details to your hired advocate who invested pocket money that I give to you to spend on postal stamps and sending a legal notice to your legally wedded husband !! Dear……. the pocket money that I give regularly is for your beauty parlor, cinemas, shopping and kitty party expenses and it now pains to see the same pocket money being spent by a third party to our marriage.

However, since the legal notice were separately sent to all male members in my family who as you know are my loving brothers and so do they are your loving BILs’ too they are wondering if your father gave your hand to me to came to our family as draupadi or hence kindly clarify once again individually to them via your hired advocate as all your BILs’ are confused now [(mention here status as they may be of your brothers whom she sent legal notices too) ……status i.e. as being already married / studying / unmarried persons].

Dear……….since you are my legally wedded wife of mine and a lovely wife knows better what happened in her bedroom and size of her husbands pocket I prefer not to reply in details to your advocate’s legal notice least I cause brevity and now command you to come back to your bedroom whose boundaries you left without your legally wedded husbands consent being no reason or rhyme as you simply wanted to visit your natal family for few days that is what last I recollect as in this bad society all third persons to our marriage takes undue advantage of a single married woman which I’m making you aware of reading social bad news everyday which makes me atleast a worried duty bound husband least same advocate of yours charges me for dereliction of my husbandly duties.

Further dear…………. ask your advocate to write to me again annexing true copy of his Law School Degree(s) and details of experience in matrimonial Laws of the land as I am sure our Law School education system has not come down to such low level where a Registered member of the Bar that is your advocate cannot differentiate who is his clients legally wedded husband and duties and rights of a wife towards / from husband and statutory law if any for sharing income of brother in-laws in a husband and wife’s personal matrimonial matters as commanded by way of reply by him from your BIL’s too.

Dear……… I meanwhile await a reply from your hired advocate on above matter for clarity of all your married to family members and pray for your safety, security and well being from these third parties misguidences taking advantage of yoru vulnerability.

Yours loving husband as always

PS: Once you receive this reply to your hired advocate's legal notice do send me an SMS immediately as you know my cellphone no. which I have not changed unlike your cellphone no. which seems is not responding to my calls stating when you want the limo / FC class air – train tickets to be sent or if you can SMS me your current residence address I want to come to pick you up and install you back into your bedroom being your legally wedded husband. And we can talk it out among ourselves without an advocate's interference who is misusing your pocket money think about it too honey.  



To sum-up reference Advocate’s Notice;


"Skin of all married men in your family = Legally Tasty for an advocate"

2 Like

Om Shanker Shrivastava (Environmental Lawyer)     21 December 2012

Essence of Family Law in India;

YOU  KNOW  YOUR  WIFE  and her Advocate WELL  ONLY  WHEN  YOU  MEET  either of them IN  COURT' 




"Skin of all married men in your family = Legally Tasty for an advocate"


Are really best summarised by our friend.. he's correct at large!!

1 Like

Chetan Joshi (Advisory/Advocacy)     22 December 2012

If the allegations have criminal element ( I.P.C) you should be preparing to file a Anticipatory bail...Her Intentions doesnt seem good...



Your brother cannot file a Defamation






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