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Unnathi Gupta (Exectuive)     27 April 2011

cruelity by family members

My Friend writes to me...

I have very good cordial relation with my husband, for family welfare I and my husband gave my stridhan of around 5 Lakhs and 20 Sovereign of gold to family members for constructing the house and purchase stock in the family business.

Family shop in which my husband had a small share given by family members were again fradulenantely taken back by my brothers in law...... me and my husband could not arrange the school fees and multiple economic struggles we faced ....the tension persist so much and so far that i could not resist hopelessness that i cannot get back my husband’s share of shop … I attempted  suicide by falling in a well but I was rescued by bystanders. These resulted me in mental depression for which I underwent a treatment in Chennai (my parents place)

From that incident onwards i am leaving with my parents and my husband stays in his house. My children’s are with me and studying in Chennai

I want to file a case against my brother in law, but here my lawyers advised that i have to file case against my husband and only through my husband other family members will also be a party. But I knew my husband is also a victim and helpless in spite of thousands of request these people are neither returning the possession of the shop nor providing any arrangement on which we can survive.

My questions are

1. Whether i can file a suit against my brothers in law for mental torture excluding my husband

2. Can I get back my stridhan which they ask me just 4 days after my marriage in 1999, I gave my stridhan to family members for constructing the house on a family plot with my husband’s consent, and after a year they took my jewellery for stock purchase as I was new and was not aware of the family members intention for family wellness I gave them.

3. Can my husband and i to gather file a suit for cheating, mental torture and share in joint property, because of these incident me and my husband been parted and my children’s been parted with father.

 Thanks

Sukanya



Learning

 3 Replies

Tajobsindia (Senior Partner )     27 April 2011

@ Author

File a suit for partition of property asking your husband to be petitioner in it. He will get his partitioned shares and you have served your divine purpose and thus no more jumping well may happen thus your family will re-unite.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     27 April 2011

If your husband has got ancestral property then in the name of your children you can file a suit for partition and seperate possession in the share of your husband against your husband and other family members.  You will also get your share in your husband's property.

prasanta kumar parida (sr. consultant)     28 April 2011

you can file a case under DOMESTIC VIOLENCE ACT.


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