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Author Topic: FALSE 498-A  (Read 2015 times)

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Offline ak2122

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« on: July 03, 2015, 10:36:41 AM »
Dear Sir

My siter in law ( Elder brother's wife) filed 498-a and 109 , (3 & 4) in 2013 ...

My brother gave her divorce in 2012. he sent divorce papers through post ( as he stays in abroad).. After getting divorce they filed dowry case and other false allegations they  made

we got anticipatory bail and now trials are going on

In 2013 they filed maintenance case also...

Recently they sent a court order through MRO to cease our house and sell it to get maintenance amount

The govt officials has locked our some part of house which we are staying but the property doesn't belong to our brother... the house is registered on me and other elder brothers at present

Earlier it was registered on all brothers (including my elder brother on whose maintenance case is done)
but few months before ( before receiving court orders to cease) our brother released his share of property by selling his portion to my another elder brother as he have to clear his debts

now since 6 months we are fighting in court to open the lock put by court on our home

now they ( SIL)  are giving petitions in court to sell the property to recover their maintenance amount...

she is already divorced in 2012 and how come she can claim for maintenance in 2013 -2014 year i couldn't understand

what should i do now... please advise

i will be grateful to you

they are harassing us with such cases one after the other

« Last Edit: July 03, 2015, 10:45:25 AM by ak2122 »

Offline saravanan.s

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Re: FALSE 498-A
« Reply #1 on: July 03, 2015, 12:26:41 PM »
498 a and maintenance case can be filed even after divorce.she is entitled to claim maintenance till she remarries

Offline ak2122

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Re: FALSE 498-A
« Reply #2 on: July 03, 2015, 04:43:01 PM »
but the property doesn't belong to my brother on whom this case is registered

we ( other  brothers)  filed petition in court...

now the opposition is asking to sale property. ....

thn what shall we do...?

one of our portion is sealed...

Offline Advocate M.Bhadra

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Re: FALSE 498-A
« Reply #3 on: July 03, 2015, 07:13:05 PM »
Your brother's wife can claim maintenance even after divorce, but default in payment of maintenance court can not attach or sell the other's property. Ask your brother to contest the maintenance case and file the property document in  the court. Your another brother whose property is belong to he should file a Declaration and Injunction suit in Civil Court to restrain the sale procedure.

M.Bhadra,advocate at Kolkata,9836589246
« Last Edit: July 03, 2015, 07:18:23 PM by Advocate M.Bhadra »


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