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anonymous   24 January 2024 at 10:42

Rights of wife on matrimonial house with disputes.

Scenario.

This is second marriage of couple. Wife had brought 7 years old son.

Wife and husband are fighting to each other a lot as she is not serving to mother-in-law. Due to many fights even in the front of police, FIR was registered U/s 751 and both were sent to jail. After 3 days in jail, couple got bail from mother of husband with a promise that they will not fight again. But it did not happen. Fights kept on going. As a result, mother of husband disowned/bedekhal son and his wife and asked them to vacant the house. They were living in the matrimonial house forcefully. In return wife has beaten mother and has some CCTV footage available. But police has not done anything in this matter.

Mother left her own house and started living in separate house. Mother went to court for vacating the house as she is the owner of the house and DV case against wife and 125 case against his son. After three months later when couple fought again, husband also left the house and filed divorce petition on the ground of cruelty. In return, wife also filed a court case against mother and husband for banning them not to come at matrimonial house. In fact, mother is sole owner of the house.

After 12 months, couple decided to reunion and he withdrawn his divorce petition. U-turn by wife, she refused to go along with husband separately and dont want to leave matrimonial house and she file 125 against husband and remined that husband is banned to come at house.

Court cases by mother:
1. For vacating the house against son and daughter in law
2. 125 against son
3. Domestic Violence against daughter in law.

Court case by husband:
1. Had Divorce petition which has been withdrawn after 12 months.

Court cases by wife:
1. Permanent Injunction of matrimonial house, banning mother and son to come at house. Mother is sole owner of this property.
2. 125 against husband.


Question: What is the legal right of wife on matrimonial house in this scenario. Mother-in-law is sole owner of the house. Is there any possibility that mother will get her house back?

Thanks in advance.

Ashok   09 January 2024 at 18:22

Regarding my friend chirsten divorce case

hi friends,

one of my friend who live in bangalore, who wanted to get divorce from her marriage life.

she is catholic chirsten marriage happend in kerala , she and her husband stays in bangalore.

what is steps she has to follow?

is she needed one year seperation before filing Mutual divorce suit?

OR

she can marry in bangalore / Mumbai with new boy and register there if she is getting.

please help in this situation.

thanks,
Ashok

Sathya Shanmugavlu   28 December 2023 at 12:43

Strange situation : rcr and divorce in final stages

Dear Experts,

I have a strange situation.

Both my wife's divorce case and my RCR case are running parallely in same court same bundle, Vth Addln Family Court, Chennai.

My RCR is in Cross Examination stage after evidence marked.
My Wife Divorce in Evidence stage, so far they did not provide evidence and dragging the case.

Judge set last chance for PW1 cross Examination on my RCR.

If my RCR is ordered on merits, will her Divorce petition gets automatically dismissed or will it still run till she provides evidence (even if that take years to conclude)

I just want to end these cases soon and not give them chance to drag the cases.

Please advice 🙏

Thanks,
Sathya

Adv tapish damley   21 December 2023 at 21:04

Exparte order in favour of wife

please let me know if an exparte order have been passed under section 125 CrPC in favour of Wife. What are the remedies available with some supportive case laws and highlight the portion as well.

Anonymous   18 December 2023 at 17:17

Widows right to pagdi house

We are 8 siblings and parents died. Its over 70 years we have a pagdi house. My father passed away in 1990 and mother in 2003. Seven of us are married and the youngest sister is not married.

She has taken charge of the house but never stayed after my parents passed away. She has rented the house since 2006 and sharing the rent money to the siblings. She was living in dubai since 2009 and now settled in UK since 2022.

The rent agreement is in her name and the house is still in my deceased mother maiden surname

I am a widow since 2011 and dont have a home. I am not financially settled and invested my money to give my son a good education

Can you tell me if i have the right stay in my parents house as i dont have a house. Currently am on rent and paying a very high rent.

Also need to know if she has the right to rent the pagdi house. I need help as all the siblings are against me and not letting me stay in the house.

Mushtaq Ali   12 December 2023 at 14:45

Case of 498a against my family

Dear Sir,

My Daughter-in-law filed a false case of 498a against my son and us(me, my wife and my younger son).
After few visits to police station by us it was cleared that the girls family was deliberately doing this to harass us.
My DIL left our home on her own 2 years ago and then filed the case after 1.5 years.
When my DIL left, my son was transferred by his company to a new place outside Mumbai.
My concern is will this case affect his job ?
Can police arrest him if he returns back ?
Can the 498a quashed as it is all false allegations ?

Pls clarify.
Thanks,
Mushtaq Ali

Anonymous   12 December 2023 at 00:06

Can s-125 maintenance matter be converted to s-498-dv

my matter in court since may 2015 s-125 maintenance, Respondent retired in aug 2014 fm RLY, bcoz if R'dents' foolishness, Petitioner lost her job w.e.f.1.1.2019, doesn't look I may get anything substantial, MY QUERY:Can i convert this S-125 into DV S-498, came across this judgement ' if yes, some initial guidance Published on :
02 Dec 2023, 3:58 pm
The Madhya Pradesh High Court recently held that the rejection of a wife’s application for maintenance under Section 125 of the Code of Criminal Procedure (CrPC) does not bar her from seeking monetary relief under the Protection of Women from Domestic Violence Act (DV), 'CAN I BE FAVOURED WITH THIS JUDGEMENT details to get a hard copy, THANK YOU

Anonymous   09 December 2023 at 04:10

Rights of unmarried daughter

My parents are literally torturing me from childhood not letting me to do anything can someone actually tells me what are the rights of unmarried daughter .I need financial support from family but they are not ready to do so.Under what circumstances can I claim my financial share as am not earning and neither allowed to do so..

Bunny   04 December 2023 at 19:32

Judgement required in favor husband

Sir/Mam
I need latest judgements related to Crpc 125 MNT in the favor of Husband.
On followings grounds:-
1. Wife is BEd, BSC and MSC.
2. Was working before marriage.
3. She cheated her husband by concealing her previous marriage and was legally divorced and concealed her actual DOB, both through over matrimonial web site whereas marriage was solemnized through the same.
4. She divorced from previous husband and took alumni amount after lodge false litigation against him.
5. Both parties have filed FIR against each other and other litigation annulment of the marriage by husband basis of actual fact and crpc 125 and DV act by wife basis on false and fabricated story.

6. Thereafter compromise effected between them at ADJ, further according to terms both have withdrawn their litigations and will not involve in future any allegations.

7.Husband widthraw their all cases immediately, but the wife had left the matrimony house without any reason and closed her case after 4 months in July.

Analysis:- She cheated her husband, concealed facts, done compromise to make her marriage legally and no child from previous and current marriage.

Thereafter again next year in March the wife have filed crpc 125 and currently getting interim award with intention to extort the money from him since the beginning and case to be decided soon.

Request pls share any latest judgement on above facts in favor of Husband.

Anonymous   04 December 2023 at 00:02

Judgement on crpf 125 in favor of husband

Sir/Mam

I need latest judgements related to Crpc 125 MNT in the favor of Husband.

On followings grounds:-
1. Wife is BEd, BSC and MSC.
2. Was working before marriage
3. She cheated her husband by concealing her previous marriage and was legally divorced and consealed her actual DOB, both through over matrimonial web site whereas marriage was solmnized through the same.
4. She divorced from previous husband and took alumany amount after lodge false littigation against him.
5. Both parties have filed FIR against each other and other littigation. From husband was actual facts in all littigation but from wife all fact was fabricated and false story.
6. Therefater compermise effected between them at ADJ, further according to terms both have withdrawn their littigations.
7.Husband withdrwan thier all cases immediately, but the wife had left the matrimony house without any reason and closed her case after 4 months kn July.
8.Thereafter again next year in March the wife have filed crpc 125 and currently getting intirm award and case to be decided soon.

Request pls share any latest judgement on above facts in favor of Husband.