Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

Maintenance case by brother wife(brother applied nullity)

Dear Sir,

 

My brother, after the marriage with in a period of 2 months he has filed a case in family court seeking nullity of marriage, on the grounds that she is suffering mental illness(Pshyco character) , the case is presently running status..( marriage over 3 years back.)

from the day one, she was not stayed with my brother and our family members.

After 9 months of marriage, she along with their family members, she entered my fathers house by breaking the doors of my fathers house when they are not in the home and she residing in that house from that day to till date.

my father and mother has given a compliant to local police station and police initially not accepted our complaint and later on we have made a complaint to SP and he inturn instructed to file a tress pass case.

Since that property is for my father own property and it is not an ancestral property and also my brother was not staying that property.

even after the tress pass case registerd, she was not allowed my parents to enter and stay in the house , after 18 months of her stay, my father has sold that property.

now the buyer has filed a eviction suite by including my all my family members and along with brother wife.

Court has issued summons to all of  us, we have signed the vakalatnama and informed to court that we dont have any issue for vacating the house, but brother wife has filed an objection.(objection details yet to get) and in addition to this she also filed a case maintenance under CRPC 125.

recently we came to know that she is working in some private institution and we applied RTI also.

My Question are,

1. Whether she has any right in the sold property ?

2. for my brother Is it possible to deny the maintenance, informing that she is working in private institution and also she is conducting tutions and she is earning.

3. If my brother has not accept the summons, then what will happen, since she dont know the present address of my brother.

 

thanks

 

 

 

 

 

 

 

 

 

 

 



Learning

 9 Replies

saravanan s (legal advisor)     25 January 2017

She doesn't have any right over the property.your brother must gather proofs to show that she is earning enough to lead a comfortable life through documents like salary slip, income tax returns, her I'd card etc etc.rti doesn't cover private institution

(Guest)

Dear saravanan Sir, Since PRivate School are coming under RTE(right to education) , I sent an RTI to BEO for getting the details, 8 months back i took her details thorugh RTI, only about that she is working in that institution and i have not taken the salary details that time, now i informed my borther to send RTI for asking salary details also.

I read the following article in Internet, based on this we sent RTI..

 In a significant order, the Central Information Commission has ordered that private schools, whether public authority or not, must provide information on service records and salaries. The order came on an RTI plea filed by an ex-employee of Jindal Public School with Directorate of Education seeking a certified copy of service book and other details from her past employer.


The Directorate of Education provided the information available with them but the school refused to furnish the reply, saying RTI Act did not apply on it.

 

 

 


Private unaided schools had challenged an earlier CIC order in court which said that schools must give information related to vacant seats, EVS quota but would be exempt from providing information on disbursement of salaries, public budget estimate of receipts etc.

 

 

 


Information commissioner Sridhar Acharyulu directed the school to provide the information, reasoning that provisions of RTI Act applied on private schools since they were governed by laws such as the Delhi Education Act.

 

 

 


Directing the school to disclose information sought by its ex-employee, CIC said the school was duty bound under Sections 4 and 8 of Delhi Education Act, 1973 to abide by the regulatory conditions of service, payment of salaries as prescribed for which the school has to maintain records which provide an "inherent and implied" right to information to their employees.

 



"Under Right to Education Act, 2009 also, the recognized school is under an obligation to appoint eligible teachers and provide them with prescribed wages. This also reveals that it has given inherent right to information to the teachers from their employers," Acharyulu said.

 

and thanks for your reply.

A walk alone (-)     25 January 2017

1) she has no right over the property. 2) your query is contradictory. First you say your brother has filed a case in family court seeking nullity of marriage, on the grounds that she is suffering mental illness. Second you say she is working in private institution and also she is conducting tutions and she is earning. One side your brother is proving her mental and other side he is proving her working lady.Both are contradictory. Can mental person work? It seems you are hidding some facts. 3) your brother should take maintenance case seriously. If he dnt attend it may become exparty. At least he should fight case.
1 Like

Lonely_Guy   25 January 2017

Originally posted by : A walk alone
1) she has no right over the property. 2) your query is contradictory. First you say your brother has filed a case in family court seeking nullity of marriage, on the grounds that she is suffering mental illness. Second you say she is working in private institution and also she is conducting tutions and she is earning. One side your brother is proving her mental and other side he is proving her working lady.Both are contradictory. Can mental person work? It seems you are hidding some facts. 3) your brother should take maintenance case seriously. If he dnt attend it may become exparty. At least he should fight case.

Yes...that is good thinkin too..other side lawyer will also take that thinking against brother.


(Guest)

Yes sir, u r point is absolutely correct, then we will not tell that she is working and we will fight for the maintenance case.

 

regards

 

Prasanna


(Guest)

Sir,

 

thanks for your suggestion...will follow your suggestion.

 

regards

 

Prasanna

 

 

Lonely_Guy   27 January 2017

Originally posted by : Sri SP KUMAR
Yes sir, u r point is absolutely correct, then we will not tell that she is working and we will fight for the maintenance case.

 

regards

 

Prasanna

Why you give skoda car sellng advertisment friend? But also, you getting into difficult things. You will not tell about job but do you think wife will also keep quiet and not tell about job? And if working in teaching and also earning money, how mental case? Lie should not be told only becuase girl tells lie. You can think before making mental case? Now difficulty. Talk long and deep with your advocate sir.


(Guest)
Dear sir..we have all her medical treatment details..based on that he has filed the nullity, since she is like a phycho, i agree with u that when she is working every one will think that she is not a mental..?..now we dont have option...god has to save us. Anyway thanks for u r reply.

(Guest)
Dear sir..we have all her medical treatment details..based on that he has filed the nullity, since she is like a phycho, i agree with u that when she is working every one will think that she is not a mental..?..now we dont have option...god has to save us. Anyway thanks for u r reply.

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