Legal Question in Family Law in India
We are living in mumbai.My sister in law has filed a domestic violence against my brother, parents & myself in porbandar (Gujarat State).
Earlier she had filed case under cpc125 in the porbander court and court have given maintenance of 5000 Rs.
Because of the tensions & their harassment my brother has left the house. after he left the house we received Domestic violence case summons.
She has not yet served summons to my brother. but court has forced us to file the reply and continued with case.
As such no physical & mental torture is done to her and just to demand money she left the house with her parents and also had written the note that no torture is done and dowry is not demanded. But in court she said that we had forced her to write that letter in front of police officers. now without key respondent the case is going on in the porbander court.
She has asked for maintenance and medical releif from the court.
What kind of judgment can be given in this case. Can court pass the order to give maintenance from Father in law , Mother in law and myself in absence of my brother? Father in law is not having any property in his name. He is earning pension of Rs 1500 per month. Mother in law is having a flat in her name.Even i am earning good salary.
Can court pass order to jail all three of us as brother is not there?
Please help.
Thanks in advance
pratiksha Pathak
3 Answers from Attorneys
Dont worry as the maintenance, if granted, by the court has to paid by the husband and not by the relatives of husband. Petition under the Domestic Violence is adjudicated by the criminal court but is civil in nature.Court is not going to put you and your parents behind bar as there would not be any relief for maintenance etc against you and your parents . You can ask for exemption for your mother for her appearance by the court.
As such no physical & mental torture is done to her and
"just to demand money she left the house with her parents"
pls not that here you are admiting that she had asked for money,in abov line, what does it means? dowary demand was there. why your brothes has ecaped? he has to surrendr in the court and get bail to face this case. it would be decide on marrits.
In a maintenance case only your brother has to pay for his wife. you all other should not worried for the same. ask your advocte to give an application for exemption of
prsonal apearanc of father and mother
.For more details contecet me by phn.9587744142
she will not be entitled to any maintainence from father in law or sister in law even if they are earning. Only husband has the liability. He may contest it without appearing also.
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