Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Maintenance/divorce

(Querist) 25 March 2015 This query is : Resolved 
my case goes as under:
1. I am physically handicapped person of 50 yrs with unable to walk without support.I and my wife live with my mother of 80 yrs. She too isn't keeping well. All the property namely land and flat and fd's r in my mothers name. I hv four sisters. All of them r married and well to do placed. The property hs been willed. The total property IN MY NAME
is 5 lacs of share certificates and 3 lacs in ppf.
All the property hs been self earned by my Late father and transferred to my mother.
2. About four yrs back, a divorcee girl with a 9 yr old son agreed to marry me.
3. At the time of marriage, she hd written on a rs. 100 stamp paper tht she is tying the knot in no pressure and knows my financial, health etc. conditions well.
4. I hd written tht her son will be mine and i will start the legal work soon.
5. The son's biological father is alive.
6.After much persuasion and bickering and treatment, jst 45 days back she gave birth to a girl.
7. The girl was ill since she was premature.
8. rt now, also she is in hospital.
already, my mother hs spent 1.5 lacs in her treatment since my annual income which i show in IT is 1.5 lacs. Actuallly, it is almost nil.
9. I hv received a call from my brother in law tht he will tk my wife and her son and my daughter from the hospital and wld meet me in the court. Her son is living with me since las 4 yrs and is going to the school.
10. I hv filed a police complain against my brother in law and my mother in law.
11. Can my wife leave my house without my consent since my baby is too ill and she will probably die if proper medical treatment isn't given to her.
12. if she leaves my place for her hometown
wt cases she can file against me.
13. wt can be the maintenance amtt. ?
14. If my mother dies during the proceedings and if she hs willed the property in my name,can my wife lay claim on tht also ?
15. wt will happen to the baby ?
can i with my sister place claim on her ?
16. My in laws financial position is bad.

thanks
suggestions and answers invited in detail.

ANAND JAIN
Kappil Cchandna (Expert) 25 March 2015
Sir,

See if she leaves then you have to decide whether you want her back or not ? If you want then file RCR.....

Property will be yours exclusively.... But yes she can show to the court that this is you property and seek good maintenance on that ground .. But if you are not earning anything then court will not grant maintenance to her....

Daughter you keep and let he claim child custody If she want the child ..

Why have you made a police complaint against ur BIL and FIL ....

Regards
Kapil Chandna Adv 9899011450
Devajyoti Barman (Expert) 26 March 2015
She cn leave your home at her will and can take the children with her. if you resist then then she can not take the children.
If she takes away the child forcefully you may lodge complaint of kidnapping but such complaint hardly works against mother.

She can claim maintenance for herself and girl child which would be around 1/3 to 1/5th of your income.
You can file custody suit it it would not be given to you right now though you may be allowed to meet the child.
ajay sethi (Expert) 26 March 2015
agree with Mr barman
Rajendra K Goyal (Expert) 26 March 2015
Agree with the expert Devajyoti Barman.
ANAND JAIN (Querist) 26 March 2015
I hv filed the police complain because this is not the first time tht they hv talked like this. At the time of emergency delivery also, he hd given me a warning tht no body shld touch his sister otherwise he will do this and tht. and all sorts of bull shit things.
My mother because she is ill cannot tk such things. Her health deteriotes. Her bp shots up. Her condition is fragile.
The property has been probably WILLed in my name(I am not sure). Since my income is nil, the property hs not been earned by me, can she still lay claim on it ?
SAINATH DEVALLA (Expert) 27 March 2015
When did U file the police complaint and what is the response from the police? As the property is not UR self acquired she has no right over it. Are U working or is the income generated from property or investments? So presume that UR mother has willed the entire property in UR name, and UR the custodian. Considering UR present position she can't demand maintenance from U.

Act as per the advises of the above experts.
Biswanath Roy (Expert) 29 March 2015
Try to convince your wife saying that she was a divorcee with a son now after marrying you she got a social recognition as your wife and mother of your child, under such circumstances it will not be an wise decision to cut off relations with you rather it will be suicidal. Advise her not to hear her brother's or mother's ill advice for separation. Don't lodge any complaint in the P.S.now, it will create some more complications and rupture of relationship with you.
Properties are still in your mother's name so your wife cannot claim any share even if your mother executes a Will in you favour.
SAINATH DEVALLA (Expert) 29 March 2015
If she is ready to forget her past events and come back too U, pardon and accept her, and if she is still adamant then think of legally persuing.
ANAND JAIN (Querist) 29 March 2015
I filed the Police complaint for intimidation on phone against my BIL and MIL. They hv been behaving like this since last 8 months.
Every 3 months they wld start some new problem.
The police hs called me for my statement. Last september also they called the police and alleged tht I was mentally harrassing their daughter. The police officer told them tht such a person and the old lady cannot do tht. Ur complain is false. They agreed for compromise.
I want to live peacefully with my wife and newborn daughter and watch her grow but my in laws won't let me do tht.
The property in my name hs been accumulated through investments.
T. Kalaiselvan, Advocate (Expert) 29 March 2015
Are you worried about your property or about your wife and the daughter?, she as a wife is entitled to residential rights in her matrimonial home or in the place where you live. She is entitled to be maintained by her husband i.e., you if she has been abandoned. The maintenance amount will depend on the proof of your income to be established by her before the court. She cannot claim a share in your property, be it self acquired too. If the reconciliation efforts are positive, try and rejoin.
ANAND JAIN (Querist) 30 March 2015
1. My wife is staying with me only.
and she is tking good care of my(our) daughter.
2. It is jst tht her brother and mother create problems in my life. Their interference ignites our daily life.
3. The problem is tht my wife doesn't say a word to them. If they say to my wife tht u cannot stay here she wld immediately pack up everything and leave. I don't know why is she afraid of them ?

Biswanath Roy (Expert) 30 March 2015
Law can prevent your FIL and MIL not to interfere and intervene in your married life and can restrain them visitation to your wife. Consult a local lawyer.
ANAND JAIN (Querist) 31 March 2015
thanks a lot to all esteemed experts. U hv shown me a path which I can follow.
thanks again

Guest (Expert) 31 March 2015
Well advised.
SAINATH DEVALLA (Expert) 01 April 2015
WISH U ALL THE BEST AND GOD BLESS U FOR A HAPPY FUTURE


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :