My sister met with a railway accident on July 2009.Uptill now she is in Coma. Her husband file a case on railway for Accident benefit in the same year 2009. In 2012 her husband file divorce case appointing my father as Guardian and on behalf of my sister my father signed on divorce decree as my sister is in Coma. In march 2013 divorce decree was finalised on term that Her husband will gave the railway accident benefit to my father after deducting advocate fees & necessary charges because he say uptill now case was pending. But after making enquiy by my father to railway department they said case was over in Nov 2011 & cheque was given Dt.16/04/2012 amt of Rs.452,658. So as her husband cheated my father Is now my father is oblige to pay him advocate fees & necessary charges as per divorce decree eventhough he received the claim before 1 year of Divorce decree? also he open a Joint A/C without my sister signature in Co-operative bank & passed the Railway accident claim cheque & withdrew the amt. What legal action shall we take?
2 Answers from Attorneys
a complaint of cheating and forgery may be filed and also a suit for recovery may be filed.
Thanks and Regards
case of cheating and forgery should be filed and file an application before court also to cancel the divorce and demand maintenance and medical expenses from her husband and i m sure court will do the same.
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