Legal Question in Family Law in India
My unemployed brother married in 2001. Due to unhappy conjugal life his wife lodged 498A case against all of our family members(that includes-my brother,father,mother, me, my wife, my sister and husband of my sister) in 2003. In 2006 all of us was acquitted except by brother who was convicted for 6 months. Against this order she appeal for revision in H.C. and my brother appealed against his conviction. Both the cases are pending. Now in October' 2012 she filed a Domestic violence case against us and also claimed residence , compensation and maintenance .She is employed and stays in her father's house w.e.f. 2003, as her place of employment is near to that.My brother also filed divorce suit this year. Now what will be our strategy ? Who will giver her maintenance and compensation ?
3 Answers from Attorneys
if you can prove that your brother is unemployed and she is earning you will not have to give maintenance.
Only a spouse has to give maintenance. If your brother proves he is unemployed - he can claim maintenance. As far as Criminal case goes - from what you have described it seems that wife has filed a fresh case on old grounds - which were decided earlier - this cannot be done.
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