tanvisharaina1 31 May 2016

Need help

Hello Friends,

I am married for 16 years having 2 daughters ageing 15years and 10 years. I am working professional. From the very beginning of my marriage, I smelled the irresponsible nature of my husband. From the 3rd year of our marriage, my husband is jobless. Therefore, I started my job. My husband started taking alcohal in the company of his brother-in-law. My objection on this was totally dismissed by his family. Since then, It has been over a decade, now he has become a drunkard,abusive, quarrelsome and stealer. At this stage, his family has also left him. Now, Since, I am a working woman, he every time blames me as a characterless woman. It has become very tough for me to tolerate this as he evoke this when ever I am at home. My kids are growing and also wish to leave him. Because of these cercumstances, I have lost my one kidney and now I am a hypertension patient.

I have a flat which belongs to my father in law (who is still alive). After his death, as my husband is his only son, this house will be on my husband's name.I doubt, my husband will sell it off.

Please advise, what should I do to be seprate from my husband and to hold the rights of flat on the name of my kids.

With kind regars,

Pooja

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4 Replies

prabhakar advocate (advocate) 31 May 2016

If you take a decree of judicial separation or divorce, you cannot claim any right on that property either directly or indirectly and same goes with the children. As it is the self acquired property of your FIL and if he wishes, he can gift or write a will bequeating the property to your children. If your FIL does not sell the property or does not gift to anyone and does not write a will, then as per Hindu Succession Act, that property will be equally distributed between his wife (your MIL) and his sons (your husband). If your FIL is sympathetic towards you and your children, then get the property gifted to your children. If he won't do that thing, then you cannot claim right on the property.

But, as it is your matrimonial home, under domestic violence Act, you and your children have got residential rights. If you file a domestic violence case, the court will grant a stay in favour of you that you and your children should not be evicted from the property. That is the relief you can get from the courts relating to that property, unless your FIL effectively intervenes against you and claims his right to sell the property. If he takes such a stand, the court cannot extend the stay it grants you to reside in the property.

(Guest)

Mam,

Taking separation from your husband would not be a problem for you. But regarding the property as it is a self acquired property of your FIL nothing much could be done.

Regards,

Rit Arora

Advocate

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