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gautam   11 April 2018

Domestic violence and divorce

Dear Experts,

I want to know your advice on the following issue which my sister is going through.

She was married 5 years back. She has 2 children one of them is a special child. Her husband was a share broker in Pune and after a huge loss he has deserted the family and his know how is not known since last 2 years. Her in laws send her back to our place.

My brother in law is in touch with them as they are living there normal life as they are constructing new house and celebrating their life without any sadness. 

There was 2 houses which was purchased with bank loan in pune for which the emi is not paid since one year and bank has sealed that property.

My question is can we seek shelter, maintainence and property rights for her and her children. It is diffcult for her to manage job and requirment of  the special child.

Can we seek any order to get the stay on the bank proceeding which is initiated by the bank. Can we seek any shelter in that flat which is sealed. 

Please advice.



Learning

 4 Replies

Kumar Doab (FIN)     11 April 2018

Which personal law applies in this case or all involved Hindu?

Has the family of spouse lodged any police complaint for missing person?

Has the spouse lodged any police complaint for other missing spouse? ( IT could have been lodged under proper acknowledgment )

And parents/family of missing spouse signed the complaint or signed witness to police inquiry?

Who is borrower in both home loans; missing spouse alone or with some Co-borrower and who is guarantor?

Is your family willing to pay the loan/takeover loan?

Have you discussed with lender(s)?

The property (ies) of missing and family is/are self acquired/ancestral?

Did your family lodge any complaint for sending the affected spouse to parents home? Or is there any evidence that the affected spouse did not come out of matrimonial home by sweet will?

Is there any evidence that missing spouse’s whereabouts are known to the family and is concealed/not shared from the spouse and family?

The state/properties of missing spouse are joint/HUF?

Kumar Doab (FIN)     11 April 2018

The affected spouse can seek right to residence in matrimonial home and maintenance from estate of missing spouse.

Have you discussed with a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record…. And worth his/her salt.

If case you wish you can approach women commission, Free legal aid in DLSA..

Consider thoroughly any step that you may want to take…under any Act; say DV Act and say; Hindu Adoptions and Maintenance Act etc ….for right to residence etc

You are closest to the facts and situation and apply your own judgment….to ascertain if relations are strained beyond repair or there is still some scope …..

It shall not be out of place to attempt and understand what exactly is the intent of acts of missing spouse and family…………..? If missing spouse/family are contemplating to end the wedlock then if you wish consider MCD on reasonable and acceptable terms….They may agree to offer sufficient compensation and apparently they have means to compensate.

If IT happens IT can be easy and quick recourse…

Your able counsels can help you with considered opinions in person….

gautam   12 April 2018

Dear Sir,

We are hindus. We have ladged a police complaint of missing person they have not lodged any such complaint. 

Sir, my sister is the coborrower in this case. The loan is from ICICI bank. Sir, we are willing to takeover the loan but what are the technicalities involved. Can my sister and her children become the sole owner of the flats. 

The house in which they live was constructed by the dowry amount which we have given. It was a bank transfer we have the reciept also. Sir, My parents are very simple and I being the yougest did nit have any say in the marriage as 5 years ago i was just 17. 

Please advice as to what can i do to help her out.

Thanks 

 


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