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498 A Fighter (Manager)     09 July 2011

How can i get back my daughter and property?

Dear Learned Members,

I have three queries. Divorce  and Property injunction cases applied by ex is  going on.

1)The properties are bought by me and registered in her name.When bought,she was a housewife.Now she claims ,it is her and parents money thro which she bought. How to prove she is a liar and is any chance of getting  these properties back to me?

2)She is keeping my 15 yr old daughter and obviously had poisoned her mind and not even allowing her to talk to me.How to get custody of my child?

3)She and her father had given all false allegations,claims  with malicious intentions only (498 A and DV complaints,No CS yet).Can I file counter cases now and if so,what  cases can i file and will the court take them seriously or will just favour the woman and let her go freely?

I would be greatly obliged.



Learning

 3 Replies

Tajobsindia (Senior Partner )     09 July 2011

1. The properties are bought by me and registered in her name. When bought, she was a housewife. Now she claims, it is her and parents money thro which she bought. How to prove she is a liar and is any chance of getting these properties back to me?
Take: She has to prove the money trail. It is obvious you must have your set of evidences to say so – right
J



2.
She is keeping my 15 yr old daughter and obviously had poisoned her mind and not even allowing her to talk to me. How to get custody of my child?
Take: Child custody case needs to be filed.


3. She and her father had given all false allegations, claims  with malicious intentions only (498 A and DV complaints, No CS yet). Can I file counter cases now and if so, what  cases can i file and will the court take them seriously or will just favour the woman and let her go freely?
Take: Do in-chamber discussion with Advocate first beze here you have not placed sets of allegations and their rebuttals and it is obvious privacy is at premium in open forum so without in-person discussion strategy can’t be disclosed on some vague sentence(s). Counter cases reply is similar to my previous sentence. Yes, admit there are gender biasness in family laws but that does not mean Indian husbands will sit tight and lay eggs ! Give a tough contest if you feel really aggrieved and see the result before you.

2 Like

H. S. Thukral (Lawyer)     09 July 2011

I only extend clarification on first query regarding property bought in the name of your wife. 

The Benami Transaction ( Prohibition) Act says that when a person buys a property in the name of his wife or in the name of his daughter, it would be presumed that the property was bought for their interest and welfare. The onus shall be on the person to rebut that presumption. Secondly you shall have to prove that source of funds originated from your accounts. 

1 Like

Rajesh Kumar (studient)     18 July 2011

I am Rajesh Kumar. I belongs to AP.
Actually my wife filed 498a 1 year back after separted for 2 years. they wanted to extrat huge money from me.. before they were going to file 498a.
they asked 40 laks as a settlement with mutual divorce.
We didn't agree for that. So, they went to PS and filed 498a saying that husband demanded addtional dowy.
So, CI filed 498A & DPAct 4. they gave the reason Cruelty by demanding additonal dowry demand.
There was no DP3 registered on me..
because there was no dowry takes place eventhough she mentioned in her complaint saying that her father ( did she see giving dowry?? ) had given dowry(40 laks cash) at the time of marriage.
here they didn't submit any shreedhan list and no bills for dowry(which they were complained..)
after 1 week later, they started mediation using police for outof court settlement (we didn't agree for that.)

 


after 1 year later... she filed for divorce on the grounds of cruelty without informing to me.
summons were sent to my parent's house by registered post.
my father received them and kept with them because they can't read/understand those papers. 
actually i am staying in another state which is different from my parents state.
now she got ex-partee...

they filed 498a in one town and divorce in another town courts. both are not in same town.

To extract huge money from me... she comeup with more & more false cruelty alligations.. those alligations mentioned by her even one also doesn't tally with 498a complaint/FIR...
her statements are fully different and fabricated with very cruel TV serials.

she can't get huge money from me if she  get ex-partee. To extract huge money from me, she prayed the magistrate to pass an order to return back her dowry(40 laks) and her gold 10 tula gold(never submit any bills/list).
for that she produced 3 witnesses all her family relatives and family friends. there is no paper evidance.

how to solve this fake dowry claim??

does the court support extract huge money in 498A & DPAct 4?
does it possible to pass an order without any material evidance?

here their motivation is extract huge money.
 


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