Sanjay Agarwal (MANAGER) 13 December 2009

Can Wife be booked for ditching the husband?

I just read a post =

Forum Home > Family Law > Woman booked under Dowry Laws

I would like to share one genuine incident happend in Mumbai with one relatvie of mine

After 17 years of marriage, the husband has been thrown out of the house by his wife after she has taken possession and ownership of flat, jewellery, money earned by the husband over the years. She has custody of their sole daughter=12 years and has filed divorce case on grounds of harrassment.

The husband is now living in a rented house and out of shock and mental agony and illness, he is not in position to earn his lving.

I would ilke to ask the learned lawyers and other professionals, can a husband, ilke in this case, any recourse, under any law take action against such wife and take possession of property / flat, jewellery given by him to his wife?

Thanks in advance. I am eagerly waiting for the replies.

regards,

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2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 13 December 2009

I have full sympathy wih such person but law is very rigid in this respect. Though such person has got right to come and reside in his house but he has to provide the maintenance to her wife and daughter and other proerties which now stand in the name of his wife are not him now and the owner of those properties is now his wife and he cannnot claim back.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA) 14 December 2009

I agree with raj kumar makad, but one thing I would like to submit that,if you have the will power to fight tough through legal process in the court of law,and if your case is genuineone,Collect all the evidence to show that everything you such as flat,jewls etc etc,that they were earned by you out of your hard earned money,then consult any local Advocate from your area and seek advice,because all the cases will not be the same. Morover you have not narrated as to the reasons clearly.