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Ipc

(Querist) 13 August 2022 This query is : Resolved 
Both the daughter and the wife complained against the father/husband in the Bihar State Commission for Women in 2019. The father/husband had an Extra Marital affair with another woman. During the pendency of that complaint, the father/husband gave half of the plot to the woman in November 2019 by way of gift. After the gift of property in 2019 the father/husband stopped giving any Bread and Butter to the daughter and wife. Now both daughter and wife have reached the stage of hunger. Both the daughter and the wife want to take legal action against the donor and the recipient of the property. Daughter and wife want their property back. So that they can somehow spend their life.

In which Sections Case can be file against them.

kavksatyanarayana (Expert) 13 August 2022
The Restitution of conjugal rights is the only remedy that could be used by the deserted spouse against the other.
Pradipta Nath (Expert) 13 August 2022
File complaint under dv act and maintenance under 125 cr.pc. You can also file divorce on the ground of cruelty. Make sure you have the gift deed certified copy made to that concubine.
Kindly tell what is your locus standi in this case?
Advocate Bhartesh goyal (Expert) 13 August 2022
Yes, File petitions u/sec 125 Cr.P.C and under provisions of Domestic Violence Act and claim relief of maintenance and sharehold house.
Dr J C Vashista (Expert) 14 August 2022
Having extra marital affairs with another woman is not a crime.
Bihar State Commission for Women has no power / appropriate authority to proceed in a complaint for cancellation of "gift" or non-maintenance of wife/ daughter.
Consult and engage a local prudent lawyer for filing complaint u/s 12 of Protection of Women from Domestic Violence Act, 2005 and / or Section 125 Cr PC for maintenance as advised by experts, I agree with them.
P. Venu (Expert) 14 August 2022
the mother and daughter may seek appropriate relief under the DV Act and/or Section 125CrPC. However, he is entitled to deal with his property at his discretion.


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