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SKONG101285 (NA)     08 June 2017

False allegations made by brother

Dear Legal Advisors,

I am trying to keep this story very short and make it straight to the point. I have an elder brother who is married for 3 & a half years and his wife has filed various complaints on the charges of DV and 498A an year after their married life. Now twist of the tale is that my brother played a key role in instigating his wife and his in-laws on filing this complaints involving all my family for a hefty amount/property/causing hurdles to my marriage etc. Though in the eyes of the society they both live seperately i.e he living in my parents house and she living at her parents house, we still have few questions on periodical communication, visits and financial assistance.One more thing I would like to add here is though he is a post graduate, he is stil unemployed(unwilling to work), so the financial assistance provided to his wife is taken from my mom(a 64 year widow having chronological health issues like diabetic/bp etc.) in the name of his basic needs/false healty checkup/legal proceedings. Now I need your advices on how to track his financial transactions and his mobile comminication history legally to prove his guilt and to put a fullstop to the non-sense causing family disturbances. Also, is there any legal step that I can personally take without involving my mom. Any advice is appreciated.

Thanking you in advance.

SK



Learning

 6 Replies

sai narayana   08 June 2017

take the help of relatives and elders rather than the legal options

SKONG101285 (NA)     08 June 2017

Relatives are trying to take their own advantage of the situation. Nearly 7 times each time a different group of elders/people has been picked and taken by brother for settlement(negotiation) at her place. And in the presence of everyone she pretends as if she doesn't want to stay with him anymore and he pretends as if he needs only her(lot of drama ongoing since June 2015). My brother communicates to us that she/her relatives has approached him saying that she is willing to come back to him but on a condition of declaring my parents owned property on her name/liquid assets/portion of my mom's pension.

sai narayana   08 June 2017

Originally posted by : SKONG101285
Relatives are trying to take their own advantage of the situation. Nearly 7 times each time a different group of elders/people has been picked and taken by brother for settlement(negotiation) at her place. And in the presence of everyone she pretends as if she doesn't want to stay with him anymore and he pretends as if he needs only her(lot of drama ongoing since June 2015). My brother communicates to us that she/her relatives has approached him saying that she is willing to come back to him but on a condition of declaring my parents owned property on her name/liquid assets/portion of my mom's pension.

If your cae is really genuine, be bold enough and stop paying to your brother.

SKONG101285 (NA)     08 June 2017

That's a vey good point. Coming to myself, I stay abroad and I am not in a position to maintain a very good terms with him anymore. So, it's my mom who is paying him and he does lot of drama(emotional drama) till he gets the amount he need.

Born Fighter (xxx)     08 June 2017

If ur brother is unemployed then the amount of maintenance ordered by court would be minimal , please mention the amount ordered. Your brother should stop paying maintenance to his wife citing unemployent OR your mother can stop paying the amount to him. Your brother needs to fight back...he seems to be succumbing to the pressure of wife OR he is trying to save his marriage without realizing the damages to you and ur mother.

A man going thru divorce does not always behave rationally and normal . There are cases where highly educated men left their jobs after divorce / committed suicide/ developed psychiatric issues like depression etc etc.  There are many stupid husbands who even after going thru nasty divorce proceedings (498a/DV/attempt to murder charges etc) reconciled with their wife & continued roaming around courts later . If you read some cases on this forum u will come across cases where wife demands property of in laws in settlement to satisfy her greed for money (knowing that property is not in the name of the husband). 

I think you should spend time in undertsanding ur brother and help him come out of the situation. He needs help !!!!

Pls dont mind but I dont see any evidences or concrete reason to doubt ur brother's behaviour, what ur thinking may not be true or your perception, since ur far away from the situation (staying abroad)

However in case your brother is doing what ur thinking by teaming up with his wife then STOP paying maintenance to him and ask ur mother to not sign any papers/ transfer property etc, there is nothing much that you can do

Democratic Indian (n/a)     08 June 2017

It does not appear your brother and his wife are together doing drama. Filing court cases to compel unemployed husband to earn money is not an ideal method. You and your mother may convince your brother to get some job he can do and start working. Continued communication between your brother and wife shows there is probability of matters getting solved. When the communication stops, solutions becomes difficult and sometimes impossible. From the day he starts earning many of these type of problems may be solved.


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