November 25th 2023.
The Metropolitan Magistrate court recently made an order for the brother's family to pay maintenance to the sister who has been living with them since her separation from her husband in 1993. The court stated that the fact that she got married does not mean her relationship with her maternal family has ended.
In the year 2014, the woman lodged a complaint of domestic violence against her brother, his wife, and their son and daughter-in-law. After nine years, the court has now stopped the brother's family from engaging in any more violence against her and has ordered the brother to pay her a monthly maintenance of Rs 8000.
The woman gave an account of her case to the court. She reported that she got married in 1987 and shifted to Jamkhed, Ahmednagar. However, in 1993, she and her husband had a disagreement and so she moved back to her maternal home in Mumbai to live with her parents and her brother's family. She mentioned that her father had shops in Phool Gali, Mirza Galib Mandi in the Fort area.
The woman stated that her family cared for her until her father's death in 2006. After that, she said, her brother, his wife, their son, and daughter-in-law started to mistreat her and refused to give her her share of the property when she asked for it. She further claimed that a month after filing the complaint, her brother and his family had pushed her out of the house and she had to sleep on the terrace. Additionally, the brother's family prevented her from using the bathroom and kitchen.
The brother, however, argued that she had no rights to their house because the business and the house were built by him and not by their father. Moreover, he also pointed out that she had not divorced yet and thus had no right to stay at their residence.
The woman, on the other hand, argued that her brother was making money from her father's business and that she was entitled to a share of the earnings and the house, which was owned by her father.
The court judged the family to be guilty of domestic violence and decided that the woman had a right to her father's property. The court highlighted that her marriage does not mean her relation with her maternal family ends. Therefore, the brother's family was ordered to pay her maintenance and refrain from any further violence towards her.
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