• My elder brother's married life and my parents

Hi Sir,

My family which includes my father, mother and younger sister are in deep depression and need your legal advice.

My Elder brother got married in the year 2002 and just after 6 month of his marriage he is staying separate in a rented house with his wife because his wife doesn't want to stay with us. After couple of years my brother`s wife started troubling my brother that she made a mistake by asking to stay separate and wanted to come back and stay with us. (the reason for this was that my brothers financial condition was not great). Couple of people from the society gathered for a meeting(in which parent from both side attended) and it was decided that she will stay with us as she realised her mistake. My father agreed to it and she came back to stay with us(this happened in 2009). Just after 3 months of staying with us she again started creating small issues and went back to her parents house. She called my brother and demanded to stay separate again. They again started staying separate in the rented house from then. Now, all of sudden she has created a big trouble for us. She is now demanding her share in our property which is completely owned by my father. She scheduled a meeting gathering some people from our society wherein my parents and sister was also called and she has made an allegation that my mother has taken her jewellery. My dad, my sister and myself used to mentally torture her when she used to stay with us. She is demanding her share in the property. Relation between my brother and his wife is not good at all and she is also threatening my brother that she will kill him if he doesn't ask help her to get the share in the property.
My younger sister`s marriage is scheduled next month and she is aware of it and also threatening that she will not let the marriage happen. She is also threatening that she will forcefully enter our house to stay.
I stay in Pune for past 6 years for my job and my dad is retired. They are in deep depression and i completely don't understand what to do?
Sir, I request you for a legal advice as what is my rights to get this sorted. What can we do to stop her enter our house if she does? How can i save my family from this allegation if she file an FIR?

Thank you in anticipation. Waiting for your response.
Asked 11 years ago in Family Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

2 Answers

You can file for divorce for mental cruelty and harassment caused to you in family court based on the above. She may file for maintenance. For avoiding it; in case if she is working, you would have to gather proof to prove she is a working lady and does not deserve maintenance and, highlighting her ulterior motives. You may file a police complaint currently for threatening you and your family on the facts mentioned above.

thanks.

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

You can apply for divorce on the ground of mental harassment that you have been subjected to. If she files a FIR then immediately apply for bail lest you are arrested.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer