Proprty and family rights in father and husband property

jiten (Querist) 21 April 2015 This query is : Resolved
my sister was married around 15 years ago.She has one daughter aged 14yrs and two sons aged 10 and 8y.My sister' husband has extra-martial affair and he is now a drinker.We have pressurized to sister' husband and their family? earlier it was satisfactory but at present My sister' husband harras my sister regulary.....and also threatened many times.....and says that he will married with that woman(having extra martial affair).My sister's daugther and elder son lives with my family for survive and education.We have tried many ways....but all step did not give satisfactry results as even sister's husband family do not cooperate to solve the problem.My family n my sister is also mentally disturbed and sister husband also fight with my sister and family.my sister is ready to live with their children..at my house with help of us.What are my sister's family right and property right in husband property? and sister' daughter rights in her father property...???

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ajay sethi (Expert) 21 April 2015
your sister can file Dv case . seek
alternate accommodation from husband plus maintenance for herself and kids . her husband cannot remarry during subsitence of earlier marriage

ajay sethi (Expert) 21 April 2015
your ister has no rights on her husband property . her husband can dispose of his property as he pleases if it is his self acquired property

Guest (Expert) 21 April 2015
Rightly advised by Shri Ajay Sethi.

jiten (Querist) 21 April 2015
HOW MUCH TIME IT WILL TAKE?EXPENSE?PROCESS?

Rajendra K Goyal (Expert) 21 April 2015
Agree with the expert.

The action on Dv would be early, interim maintenance orders would also be passed at an early date.

Lawyers fee is local matter.

ajay sethi (Expert) 22 April 2015
DV cases take 5 years to be disposed of . maintenance applications are disposed of within one year . legal fees vary

jiten (Querist) 22 April 2015
IF THERE IS NO INCOME/LOWER INCOME,THEM HOW MAINTENANCE WILL BE DECIDED??

T. Kalaiselvan, Advocate Online

(Expert) 30 April 2015
The decision taken by court will depend on the many factors hence first approach a local lawyer discuss the issues and initiate the legal process.

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