Need emancipation from my fam

Guest (Querist) 22 May 2017 This query is : Resolved
Hi I'm 32years old. I'm having a 2.8yr kid and lovely husband to take care of me. This is my intercast mrg. My fam always treat me and fam using of cast name and many bad words even they not allow me to enter for my dad's death even. But these.all are happening after my fathers death only. Because now there was a property sharing issue going on inside my family I mean my mother sister and brother.im the last one. My siblings were already married and they all having one kids. Now I'm having peace full life and they were not let me to live in peace. For their property issue they files a case for partition ... see friends I don't need anything even a single rupee from their side. I need my life to live in peace. So I want to get rid of these guys. And I'm preparing for exams. But I can't. They want me to get struggle in anyway. So they unnecessaryly added me in their property issues and let me to walk court by monthly. They filed a case in my native. But I'm staying in other city.so I can't bear with their torchers. I want to get rid off them so how can I get this from them all through court itself. Because I'm getting afraid of they won't allow my son to grow well.s o please friends guide me to get emancipation from them permanently. On 10 June 2017 is my first hearing date. So I gonna just say I ont need any thing share I just need emancipation from my fam side to magistrate itself. Is it possible that magistrate will accept my request or how can I get his acceptance in first hearing itself. Even I don't want to see them again due to any reason even death. So please help me friends. How can apply and get emancipation through court on my first hearing itself

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Sudhir Kumar, Advocate (Expert) 22 May 2017
what is cast of your husband?

Guest (Expert) 22 May 2017
Meet a good senior advocate at the place of Court where the case is going on and appoint him and he would take care.

Guest (Expert) 22 May 2017
In civil cases your presence is not mandatory in all the hearings.

Guest (Expert) 22 May 2017
Discuss with Advocate

Guest (Expert) 22 May 2017
Good question for the Law Commission to include in their proposal to frame a law for divorce from family, like divorce from husband/ wife!

From your story, it can well be gathered that both you and your family want emancipation from each other.

Otherwise, emancipation from family is not possible, once you have been bonded with a family by birth. But, from your story, it reveals that your family's expectations are also not different than you to get emancipation from you, if they have filed property case after the death of your father, as a matter of inheritance to property. That also reveals that either you should settle with them for your share on inheritance or should abandon your claim legally.

Even otherwise, when you say, "they not allow me to enter for my dad's death even" you should feel to have got automatic emancipation, when they are not willing to tolerate your participation any more in their affairs.

Your statement, "My fam always treat me and fam using of cast name and many bad words" reveals, as if you made a love marriage without the consent of your family members. Don't forget, if you have expectations from your family to accept your love marriage, they also had some expectations from you, as a family member, to have got married as per their wishes. But seemingly your marriage made them infuriated and they also wanted emancipation from you once for all by ousting you from the family affairs once for all by filing a property case and making you also a party to the case, as one of the legal heir of your father.

If you want emancipation and also don't want any share from property of your family, I have already suggested you against your other query that you may file affidavit to release your share in property in their favour.

R.K Nanda (Expert) 22 May 2017
nothing to add more.

Dr J C Vashista (Expert) 22 May 2017
Sorry I can not entertain an anonymous author.

Sudhir Kumar, Advocate (Expert) 23 May 2017
the problem is more medical (psychiatric) than legal.

If there is a partition suit then you (their sister) have to be included as one of the parties who may receive a notice and who may stake her claim or surrender the same. Without this the authorities will not entertain the application.

Guest (Expert) 23 May 2017
Well Advised by Senior Mr.P.S.Dhingra

Guest (Expert) 23 May 2017
Dear NJS Rajkumar,

Thanks for appreciation.

Adv. Yogen Kakade (Expert) 23 May 2017
Rightly analysed and guided by Mr. Dhingra

Adv. Yogen Kakade (Expert) 23 May 2017
Why anonymous?

Adv. Yogen Kakade (Expert) 23 May 2017
In case of Partition suit issue I agree with Mr. Sudhir kumar.. As it is necessary for you to be a party to the suit being a member of the family property.