Matrimonial Case regarding
5 months ago
My nephew's in-laws filed a false case under 7(1)(C) at family court in Kerala. Their main allegations are we have received 15 lakh rupees through a trustee by promising to repay the amount to them. His wife left our home 6 years ago after he became ill. The boy was also left our home after the harassment by his in-laws 5 years ago and don't know where is he. Now, the above said case filed by the in-laws against the poor parents who are not financially well as his father was working as a daily wages labourer. The house of his parents already attached after filing this case by them. No Summons received by our son yet as no-one knows where is he. The next date for hearing will take place in December 2023. It is clear that since he do not receive the summons yet, the case may become ex-parte. How can we remove the attachment of property? What would be next step of court. Whether court order for mediation? They do not paid anything as dowry except a three lakh rupees paid to their own daughter after marraige. Please advise us. Thanks.
Ensure that your nephew's parents appear in court on the scheduled dates. If they don't appear, it may result in an ex-parte decision, which could be unfavorable. Gather any evidence that disproves the allegations made by the in-laws. This could include financial records, communications, or any other relevant documents. Depending on the court's procedures, there might be an opportunity for mediation. This involves a neutral third party facilitating negotiations to reach a settlement. Your lawyer can advise on whether this is a viable option. If the property has been attached, your lawyer can file a petition in court to challenge the attachment. They can present arguments against the attachment, highlighting the lack of evidence or the unjust nature of the claim. If the case is indeed false and filed with malicious intent, your lawyer may explore the possibility of filing a counterclaim for defamation or false accusations.
Please see that the case is not ex-parte decided. After appearance file necessary objections to get justice if not possible directly approach High Court.
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