Hari Om Maheshwari
07 June 2012 at 20:59
wITH THE AMENDMENT TO HINDU MARRIAGES ACT, THE WIFE BECOMES ENTITLED TO 50% SHARE IN PROPERTY BELONGING TO HER HUSBAND NO MATTER WHEN AND HOW HE OWNED/EARNED IT.
iT HAS BECOME MUCH MORE EASIER FOR AN UNSCRUPULOUS WIFE TO GET AWAY WITH THE PROPERTY BELONGING TO HER HUSBAND BY WALKING OUT OF MARRIAGE ON ANY COUNT.
SO, WHAT ARE THE WAYS TO PROTECT ONES PROPERTY FROM UNSCRUPULOUS WIVES ?
PLEASE SUGGEST SOME WAYS TO WRIGGLE OUT OF SUCH A NASTY LAW.
Harjeet Narang
07 June 2012 at 20:13
Is Probate of Will mandatory in Delhi state. I believe there is verdict of Hon'ble Court that in Delhi, Probate of Will is not required. Please Update.
Raman
07 June 2012 at 19:20
Dear Sir,
My cousin is permanent residence of delhi and marraige was soleminised in Delhi and the matrimonial home is located is in Delhi.The girl belong to Dist at Haryana .After few years of marriage she left the matrimonial home and joined her paents.She later file FIR aginst my cousin and his family.Till now nothing has happened
My queries are:
1 Since cause of action has arosen in Delhi,alleged dowry harssment by wife is also in Delhi.Whether harayana Police can arrest my cousin on the basis of her allegations?
2 Since Haryana Police has no territorial jurisdiction to arrest or Investigate the matter outside his state, whether the police can compel the accused/My cousin to appear before them? Whether its advisable to appear before the P.S of Hrayana?
3 Whether one can go directly to Punjab & Haryana High Court for quashing or Transfer the FIR as the cause of action has not been taken place in Haryana?
Please advise
Prakash
07 June 2012 at 17:12
Ld Counsels,
Wife remained indifferent towards the honeymoon plans of husband prior to marriage and ultimately refused to accompany him for the same after marriage. Prior to marriage when asked about the convenience of wife to a particular honeymoon spot wife simply replied that she will check with her parents if they permit only then she will accompany.
can there be anything inferred from the above conduct of wife regarding her willingness to cohabit with husband and the interference of parents in marital matters.
Thanks for your views.
Ms. Dharitri Mallik
07 June 2012 at 16:21
Hello Sir,
I am a helpless girl & I am a victim of my own Father & Elder brother's harassments, betray, exploitations. The thing is that my own father had put me under emotional blackmailing & by force had fixed my marriage in the year 2002 with a very bad guy & when their ill motifs & cheating had come to my knowledge then within 7days my newly marriage was spoiled & totally broken. After so many troubles, insults, difficulties I got mutually divorced in the year 2007 without getting any compensation or any allimony. And after this my father & my brother was deadly against of me to stay in my parents' house & defamed me everywhere by putting so many allegations. But my mother had supported me.Now I am staying with my old mother & youngest brother in the Upper Floor & my Father, my Elder brother, my sister-in-Law is staying in the Ground Floor. In between these years my Father who is 63years old had filled a Divorce Case against my old mother who is 59 years. Before the Divorce case my mother had filled a Domestic Violence Petition in the court but they have hired our Advocates & no permanent solutions has come out. When the final hearing of Domestic Violence case was going on our Advocate has lied us & never told us to come to the court & present before the Judge...And after some days our advocate informed us that the final decree was paased without our knowledge where only Rs. 7000/- Per month will be given to my mother & we will stay in the upper floor & my father should not crate any disputes with us. But after passing of 1 and 1/2 years my father again started creating disturbances with us with the help of my elder brother & Sister-in-law. Due to threats & severe disturbances my mother has closed the common door through which they come to our upstair. Our Both Floor is totally separated & only one indoor is there which joints both the floor. They are demanding that they have every rights to use the upstairs which deviates the court decree. IT has not been legal partition but my father can not come to upstair & create any disturbances. Now they are always insulting me everywhere by calling me as a Divorcee & you dont have any rights to stay in my father's building. The Land which was decided to be given to me before my marriage was also transfered to my brother without any knowledge of our family members. Now we came to know from a source that my brother & his wife wants to take the entire building & other village landed property into their name. My father has some illicit affairs with other lady. There are so many family problems has arisen...They are very powerful & have very big contacts, Ministers, Lawyers, money..And we are totally helpless & having no supports..Where ever we go every one comes under their big influences. Under such disputes, disturbances, threats & conflicts , they are forcing & biasing my youngest brother to get immediately married as per my father's choice & we know very clearly that they have threaten to my mother & me that under dowry torture case they will put behind us in jail. In such situation am loosing my mental balance & my old mother is sufferring from Osteoporosis disease & kidney stone. Our life became hell. SO please advice me what should I do? How can my mother gets her Right & how can I get the share from my father's property ?
Member (Account Deleted)
07 June 2012 at 14:51
Sir,
My father started a self owned business on 1975. He bought a land on 1982. In 1983 his two younger brother joined with him in business but they didn’t have any share in that. One of them worked in shop and other in land. We lived in joint family. In the mid time my father bought many properties. In 1998 business was in loss. And sold all the properties to compensate the loss but except that first bought land, though still having some private loans and bank loans.
We all got separated in 2001 . My father taking care of the land and one small father taking care of the shop. With that income he bought some property. Now they are asking share in the land also. Do they have any share in that property and shop license is in my father’s name. From that income only they got properties. They didn’t spend anything to compensate the loss. Till now my father paying some interest to private loans and bank loans. What can we do now? Do they have any share in the land?
Member (Account Deleted)
07 June 2012 at 14:41
Dear Sir,
please suggest what to do..
chinni
07 June 2012 at 08:53
Hi.. We got married in 2008 January. My wife is rude and she is a house wife. She wanted to live close to her parents. I came to London in 2011 January and it will be very difficult If I land here with family with out any arrangements for house and other basic things. So mutually discussed and she did agree that she will come and join me once I arrange all the basic facilities. But, after arranging all the facilities in couple of months, I did request my wife to come and join. Since then she is not showing any interest to come and join me. I did request her multiple times on this but no use. She wanted to keep my baby close to her parents and that is the reason she is not coming. few elder persons tried to convience her by mediation but she told them that I never informed her to come and join me. I have all emails that I sent her requesting to join me. she is threatening me that she will file a DV case if I force her to come. psycologically am soo disturbed with out seeing my baby. Is there any way that I can take legal action on her and will it help me in any way?
Raman
06 June 2012 at 23:00
Dear Sir,
My cousin wife has left the matrimonial home and has filed the 498-A case in Haryana( at her parents residence) and he has received the phone call from SHO of the concerned Police station located at Haryana.
My cousin is Govt employee at Delhi is residing in Delhi and the matrimonial home is too located in Delhi and he hardly visited the wife parents residence at Haryana
In such circumstances, whether Haryana Police will investigate matter in Delhi or it transfer the matter/case to Delhi Jurisdiction?
If arrest has to be made whether Haryana polce can arrest him or his family members who are residing in Delhi?
Whether my cousin can approach to Delhi District Court for anticipatory bail if the FIR is registered u/s 498-A in Haryana?
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Divorce
Dear Sir,
Please advice:
Last Year in Feb 2011 I got married staying with my family, after 1 month of marriage we started having arguments on small things, some how drag the relationship and then it started with bitter fights one or the other day. I found there is mental incompatibility between us. Both of us did best of our efforts, from each other end. But now at this stage I feel not to continue this relation , becoz we don't agree with each other , and no respect for each other and cannot think of starting a family and we have tried all efforts since 1.5 years of our marriage. Now she has started bouncing for any conversation we are having with negative reply.
There is no problem between my family and my wife but they knows the relation between us. She don't want to give divorce at any cost , I said I am ready to give what ever she wants and she said suffer in this relation I will not change and will do as per my wish.
Wife Background
His family status is less then us
She is MBA and recently left the job.
On what basis, Can I File for divorce as it would be very difficult to prove the ground of mental incompatibility ?
Do I have my rights not to stay with my wife at any cost based on mental incompatibility between us ?
Emails communication and chat are valid proofs ?