Family Dispute
Querist :
Anonymous
(Querist) 19 January 2011
This query is : Resolved
Hello,
I seek expert advise on my Family issue. The problem is that my spouse has denied to join me to lead family life. She gave a birth to male child 2 years ago and she went to her mother's house to stay there for couple of days in the 3rd month after delivery. I had made all my attempts by sending my close friends and family relatives, but no success. Even I went personally to bring her & kid back to my home. She initially agreed to come along with me, but later in the evening on the same refused my request by saying that she wants to pursue higher education.
I had approached, Lady Cell for the councelling and there also she maintained to same dialogue. SI in the Police Station said that it is better to approach civil lawer in this matter.
Recently she started communicating in the email, and started threatening me that she will file a Domestic Violence case, dowry case etc... ect.. When the mediators went to her mothers house she mentioned that 'I know how to get hold of the entire property.. I won't leave single peny'.
Could someone please advise me, what step should I take in this situation?
Guest
(Expert) 19 January 2011
1. SEND A LEGAL NOTICE AND IMMEDIATELY FILE A SEC. 9 hma PETITION BEFORE A FAMILY COURT
2. FILE A GUARDIAN PETITION TO HAVE THE CUSTODY OF THE CHILD
3. SEND A COPY OF EMAIL, OTHER DOCUMENTS TO THE CONCERNED DISTRICT PROTECTION OFFICER THAT YOUR WIFE IS GOING TO LODGE A FALSE COMPLAINT UNDER D.V
SAANJAAY GUPTAA
(Expert) 19 January 2011
yes i agree with the expert advice of Mr.
Ganesan
Kirti Kar Tripathi
(Expert) 20 January 2011
YES, TAKE IMMEDIATELY THE LEGAL RECOURSES, YOU HAVE. I AGREE WITH MR. S. GANESHAN
Ajay Bansal
(Expert) 20 January 2011
Agreed with Ganeshan.
Querist :
Anonymous
(Querist) 20 January 2011
Hi All,
Thank you all for your valuable suggestion.
It would be really helpful if the following are addressed, as she started threatening on the property also.
1.My mother has got the property not inherited from anyone else, it her own money. Does my Son/Wife has any right on that property?
2.I posses a property which was taken couple of years back through bank loan. It will take another 20 years for repaying the loan. I had my mother as Power Of Attorney on that property. What kind of rights does my Wife/Kid have on this one
3.I haven’t taken any dowry while marrying, now she claims that for marriage her mother had spent more than 6Lakhs. Also threatens me that she knows how to get back the money and the properties.
Thanks
JGN
Amit Minocha
(Expert) 20 January 2011
they cannot claim anything from your mother's self acquired property, you can ask your mother to make a will of the said property in order to save it from any future legal hastles.
it it is in your solo name they cannot do anything to the property
for 3) you have already been advised by experts, give your apprehensions and threats proof to the Court in the petition/complaint
