Rajkumar T 06 March 2018

Wife asking for share in joint house n inlaws threatening me

Dear Experts. I am currently facing an atrocious situation which has led me to post this question. This is my brief introduction. I am a 38 year old male working in Bahrain not so happily married and blessed with a child. From my side I have both my parents and a Younger sister who suffers from down syndrome staying in Central Suburb in one of the house. My wife and my child is currently staying in her Granny's 2500 SQ FT house which is located at an upscale neighborhood in South Mumbai. Her family consist of her Grandmother , Her mother who is a divorcee and her younger sister. My wife is more qualified as she holds a double master degree and working in an IB school as a head of department. She Stayed with me in Bahrain for two years but did not continue due to health, weather and home sickness.

Now the story begins. My father Sold his Single ancestral house a year after I got Married which was in Prabhadevi Mumbai and bought Two houses in Central Suburb One house where my parents and my sister stays and second house which was being held in joint name viz My Father, Myself and my Wife ( her contribution is zero except for few pieces of furniture and household items). 99 percent of the consideration paid by my father through Cheque and 1 percent out of my Savings. This was done as a Love and affection for both myself and wife so that we can lead a happy married life. But little did we know that my wife's intention was to pull the wool over our eyes. Apparently my marriage is running into deep trouble as their Lust for money has increased and I am not able to satisfy their monetary needs given my salary is not that great. In-spite of my financial pressure I am sending my wife Monthly Money for expenses which is all through online Transfer without fail.

My wife and my Inlaws are now demanding and threatening me to put pressure on my father to relinquish his name from the second house, sell this and Give my wife her Share failing which they shall use all their might and contacts from Dons - Police - Politicians to seal our property , Auction it and bring us on the roads. Also they have threatened to put all of us behind bars using DV act and they even admit that they have an upper hand as Laws are women Friendly and can use it at their own will. We have not asked for any dowry nor did we Harass her and infact Me and my Parents are victim of their Harassment. Also They are putting pressure on me to leave my Job in Bahrain and come back to India for good which I don't want to and my wife is refusing to relocate. I can leave my job here in the present situation and they have threatened me to have me deported from here.

Given the above situation we would request advise from experts so as to Defend ourselves and go on the offensive the legal way. How do we protect the remains of our ancestral house from falling into wrong hands and prevent her from calming her Share for her own and her families selfish needs

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2 Replies

Adv Radhika Mehta (Advocate) 07 March 2018

Since you have mentioned that your father has paid for the house, he can file a suit in the Civil Court to declare him as the sole owner of the house, mentioning that your and your wifes name was added only for convenience purpose. You should also record your wife and in-laws' threats. This will help you in the future.

rakesh kalra 09 March 2018

First if you have not harassed her for dowry etc or she do not have clear evidence like video recording, letter from you asking dowry or cruelty then relaxed.

you and your family are not going to jail in dv ,all she can ask right to live in your flat(a room),they cannot make that auctioned and bring you on road. More the title of property has you and your father’s name. your father can file a suit in the Civil Court as advised by Adv Radhika Mehtaji. If you father has paid the properties keep handy bank statements cheques etc to proof origin of fund in case of necessity.

she can file 498a and other charges against you & family, as the husband is prime accused in 498a ,your family name can be taken out from FIR right from starting in police station or later from court.

if this not happen in PS ,they can apply for AB from court once they get AB, worst will be over ,your wife and her relative will have to roam a good time to try to get what they want.

Do not come to India, work there, enjoy your life, they cannot get you deported from there. Even if Indian embassy apply pressure on you ,you are not oblige to come to India.

Search 498a.org and saveindiafamily & in this forum you will find tones of posts with information about 498a and dv etc. do your homework, study these threads .this will help you a lot to understand & defend.

hire a good reputable lawyer WITH PERSONAL REFERNCE with good track record & 200 % surety that he will protect your case ONLY, otherwise(as you are NRI) you will be ending paying heavy(than usual) fee to lawyer and a large amount of alimony to your wife.

You keep records all threat demands from your wife side, if on phone use a good call recorder and keep conversation saved in original sd card so that conversation recordings file properties /dates of may not change. If On whatsapp take screen shots and keep backup of whataspp chat on sd card safe , any payment sends to her bank account ,these all can be used to apply for bail and in court in your favor at later stage.

One more thing if laws are woman friendly (apart from 498a,then there are other laws which protect woman from harassment)then you have two woman in your house , your mother can sue your wife in DV ACT as your wife harassed your mother, may be any day your father-in-law or bother –in –law came to your house and threatening touched inappropriately your younger sister, so lot of trouble for them. Good luck.