Legal rights
Querist :
Anonymous
(Querist) 17 October 2011
This query is : Resolved
Dear All
I would like to seek your advice on behalf of my Friend, who is married for last 32 years. She is the mother of 3 children, all of them are well educated and in employment.
Her husband is in a govt job for last 35 years. Differences were there between them right from the beginning. He has been harrasing her and asking her and 3 children to get out of the house without any blame or fault. In this situation, what legal rights are available with her. Husband has one ancestral property and one self occupied property.
My friend has been facing mental cruelty for many years now, her husband has not allowed her to have any relations with her parents, who are no more now. He has been creating nuisances in the house every month. And now last week he behaved in a very rude manner by shouting very loudly and has asked them to get out of the house. When asked for any reason, he has no answers. Its been a mental torture for the family to live with him.
Please advice.
Thanks
Devajyoti Barman
(Expert) 17 October 2011
The wife in the event of neglect of maintenance by the husband as well as forceful ouster from the marital home can take recourse to multiple legal actions.
1. She can ask for divorce and alimony.
2. she can ask for maintenance at par the status of her husband u/s 125 crpc as long as she is not remarried.
3. She cab ask for maintenance and alternative accommodation under PWDV Act.
4. She can initiate police action which is though not advisable.
5. Children having been well settled and most probably major, they can not pray for such reliefs as mentioned above.
ajay sethi
(Expert) 17 October 2011
ask the wife to make an application under DV act for right to stay in shared household . husband cannot threaten his wife in said manner . she is also entitled for maintenance , prhibitory order against her husband . she can also claim compensation . consult a local lawyer
Raj Kumar Makkad
(Expert) 17 October 2011
Principally I fully agree with the legal advice given by learned friends but logically I disagree because your friend was married 32 years ago and all 3 children (I think those are also married) are with her and they are also facing similar behaviour. You have not mentioned anything which generally does not happen in ordinary family life. When in anger, father/husband uses such type of words. The manner and volume of anger may be different.
It is not better to approach at this stage of life to knock the doors of courts. Much has passed and some has left. The husband of your friend might be also on the verge of his retirement. So let the dispute settled within the boundaries of house.
Shonee Kapoor
(Expert) 17 October 2011
I think at this belated stage, it can be better sorted out amicably.
The children would all be grown, tempramental differnces can be sorted out and taken care by staying seperately with diffirent child.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 18 October 2011
Yes a late train with huge cancellations.
Querist :
Anonymous
(Querist) 18 October 2011
Thanks for the prompt responses. I would like to mention few more facts. Out of the three children only 1 is married,other 2 are living within the same house. The father has been threatening them every now and then. He has illegitimate relations with other ladies within the family. Even after knowing this the wife and children have not said anything to him. Inspite of this he has been shouting and saying I will divorce my family. In such a situation what are the legal options available to my friend, can she claim share in the property one of which is ancestral and the other one is a self occupied property where she is a co-owner with her husband. How much maintenance can she claim considering that the husband is in a govt job earning 60K every month and 2 children of marriageable age but are in employment.
