Domestic violence/problem

This query is : Resolved 

13 November 2012

Dear Legal Experts,
I wish to state the following to get justice to a LADY who belongs to SUNNI MUSLIM .
X is a lady who married an army soldier Y, who got bank job after retirement from army, had purchased a plot and constructed a house in his name through bank staff loan .This is property no.1.Mr. Y had purchased another small plot pledging his wife jewels and constructed a small house through a bank loan in the name of his wife X .Later on Y became alcoholic through bad company of friends and had started to borrow money from all sources to enjoy drink with friends circle. Mr Y then sold his property no.1 for Rs. 80,00,000/- (Rupees eighty lacks only) and repaid some borrowers and redeemed the pledged jewels of his wife. After retirement from bank this year, he has repaid to some borrowers the retirement benefit+ commutation of pension amount say around 20,00,000/-(Rupees twenty lacks).Now he is getting military pension and bank pension. Both together comes around Rs 25000/-( Rupees twenty five thousand). He is staying in the house of X WHICH IS STILL IN HOME LOAN, and he is neither repaying the home loan nor giving a paise to run the family which consist of his wife X and only daughter Z who is going to appear for +2 exam in March, 2013. Mrs .X was a house wife so far and is now doing a daily wages job to make both ends meet . The pension amount drawn by Mr Y is not sufficient for his expenses, so he has now started to sell the jewels of his wife one by one .To save the jewels she has kept it in her relatives’ locker. The banker has sent notice for not repaying the housing loan in the name of Mrs. X. She has repaid some amount to the housing loan from her saving. Now Mr . Y is torturing and harassing his wife and daughter to sell the house and jewels for his debts. As on date the outstanding balance in the housing loan of X is Rs.3,00,000/-(Rupees three lacks ). She is not willing to give police complaint against her husband’s harassment as suggested by her neighbors. I am unable to tolerate the domestic violence against her. I want to help her. I would like to know what is the legal remedy to save the victims X and Z from alcoholic Y, and how to convince her to take legal steps to save her life and her daughter’s life. I am afraid that Y may kill X and Z for money. He is not respecting the neighbours . I therefore request the LEGAL EXPERTS to give your invaluable help to a women in distress.
My query is that Can she claim 60 percent of the pension from PENSION DISBURSING AUTHORITY OF DEFENCE AND BANK for her and her daughter’s livelihood . Can she disburse her house after adjusting the home loan as per her wish . Is there any legal formalities to be followed. Please help her and give your expert opinion in a detailed way to help her regain her self confidence in life as she is now broken hearted. THANKS AND REGARDS- SALAM

Devajyoti Barman (Expert)
13 November 2012

Legal solution is the only remedy unless you start helping the poor lady monetarily.

She will either have to knock the doors of the court of law or suffer silently the agonies.

ajay sethi (Expert)
13 November 2012

let x file complaint under Dv act against her husband . she can claim maintenance from her husband for herself and her daughter from her marriage . she can also claim compensation from her husband .

V R SHROFF (Expert)
13 November 2012

She must lodge Complain under Domestic Violence, and claim all that she wants from her husband.

Raj Kumar Makkad (Expert)
14 November 2012

I share the similar views as expressed above.

abdul salam (Querist)
14 November 2012

Dear Sir,
The plot was purchased by pledging the jewels of X.The bank loan was raised in her name. The surety was given by her cousin and husband . X and Y have made equal contribution for repayment of the loan. The house patta is in her name only .Can’t she have the right to sell the property and live peasefully?.Suppose , say she sells the property for Rs 5000000/-( Rupees fifty lack).She will arrange the marriage of her daughter in Rs 2000000/-Rs( twenty lacks)She will give (Rs 1000000/-Rs ten lacks)to Y. She will deposit Rs 2000000/-(Twenty lack) in bank and get monthly interest of Rs 15000/-(Rs fifteen thousand) @ 9 persent interest .Is this amount is not sufficient for her to live decently? Why should she knock the door of court? Or bear the harassment of Y? She says that she will not give complaint against her husband or go to court .This is the culture of poor lady X. Y is ready to go to court if she sells the property .Once the property is sold she is ready to face the consequences. Please give your opinion. With regards-salam

Advocate Suneel Moudgil (Expert)
14 November 2012

why are you stating X as poor lady, i can't understand how can a wife of army officer/banker is a poor lady who had a property of Rs. 50,00,000/- in her name.

don't try to get more attention by using word POOR,

she had to knock the doors of the court to get remedy,
all above answered your query very well and decently,

moreover, if the POOR lady sell property for fifty lacs, can she (poor lady) keep the money,

so be practical and knock the doors of court and get remedy.

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