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Geetika (Finance)     20 November 2011

Guiding or misguiding lawyer

I am trying for mutual consent divorce and when i told this to my family lawyer he is asking me to seek maintenance instead of Mutual consent divorce. While speaking with him he told me that maintenance case will be fast and if i get exparty order then court will seize my father in laws property and then i will be compensated although i wonder how long it will take to do something like this. Once again i am getting mix opinion about this some are saying that i don't get any rights on father in law property which my father in law bought on his own and some are saying that i do get rights.  My husband doesn't have any property in india and he stays together with my father in law and mother in law does this qualify me any share on my father in law property ? Pls provide me with your valuable advise it seems my family lawyer is insisting me to file all cases but i don't want to do anything until i find whatever my family lawyer is teaching is right or wrong.


 22 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 November 2011

In the divorce petition also you can file an application seeking mainteance from your husband.  

2nd one you cannot claim any share in your Father-in-Law's property, even during the life time of the husband as per hindu law wife cannot claim her share in the share of her husband.

You can get attach the share of your husband in the properties or salary in case of default of paying maintenance.

Legal Fighter (Advocate)     20 November 2011

father-in-law property won't be seized and you don't have any right to his self-earned property. i would suggest you to go through mutual settlement and divorce. courts are loaded with cases and it take years to get any relief. u will get frustrated and later on, ur husband may not go for mutual settlement also. so avail this opportunity and move ahead in life.

Dr J C Vashista (Advocate)     20 November 2011

You have no claim in father-in-laws property. Mutual divorce is the only and best option for you. You may seek/get alimony from your husband for rest of your life.

Geetika (Finance)     20 November 2011

Adv. Rajeev if i go for seeking maintenance in divorce petition he will never give me divorce and this the reason i am considering my alternatives.  As advised by you how do i claim my husband's share in my father in law porperty ? My husband doesn't have any share in my father in laws property. I guess this means i should go for mutual consent which end peacefully may i know how long it would take for mutual consent divorce ?

S.B.adil rahman (Legal Consultant )     20 November 2011

Mutual divorce is the best option for you. However, if you want that your advocate should continuously earn through you round the year on one plea or other, then you are at your liberty to raise as many complications as you like. But look "Bewaqoof ke pas doulat hoti hai to chalak khaey bina kabhi nahi marta".You understand what I mean?

Rohit Shukla (Engineer)     20 November 2011

@ Geetika - Decide what you want in life?

Mutual consent is the best way out. Filing XYZ cases on your husband as being advised by your lawyer wouldn't earn anything for either of you. Just the lawyers would be benefitted while your chance of giving a chance to a better life would be obstructed the moment you bare drawn into long torn battle.

Trust me, winning or losing after spending 5 years in a case could not be called as a constructive decision towards enrichment of life.

Rest is your call.



V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     20 November 2011


First of all u must clarify what u want, and in what priority? 

a] Suppose u want father in law's property right, u can file Domestic Violence Act to sahre household and rsidence, it can be attached, no neeed to have any title ibn t of urs, ur h or ofanyone. 

b] if u want quick & easy Divorce, u go for 13b Mutual consnt divorce, Remember, a Divorced wife is also a Wif, in Defn of all Maintnance provisionof 125 cr pc, sec 18  HMA act, & ors, so u can claim after many years also, don't worry abt it u will get even after u div. 

c] in abs ence of ur hus , ur father inlaw is liable to matn u u/s 18 so dont' worry for any thing that happens later on. 

It all depend on uwhat u want first, and what u r intersted in?? 

Regards, Adv Shrof

**Victim** (job)     20 November 2011

In response to Adv. Shroff ---- wife is entitle to see a share in household and residence although there is no way she can attach father in laws property. Seeking residence and attaching property is whole different thing. Once again few days back one of the LCI member raised a question "HOW TO DISOWN PARENTS ?" and there were very good answers provided by LCI members if father in law disowns their son then son is on his own and wife has to depend on her husband only after all it will be husband's duty to maintain his wife and not parents. Therefore why go through all this better go for MCD.

Rohit Shukla (Engineer)     20 November 2011

While I read all your suggestions and appreciate each one of you for sharing your views , still I have some really serious questions to ask, with permission

@ VR Shroff Sir - Sir, does DV gets the right to residence or even the ownership rights on the self earned property of FILor BIL in which husband has no share? Secondly, what if MIL files a DV on her son and throws him and DIL out of relationship & house by disowning them, in that case, does your argument on DIL's ownership on inlaws self earned property will hold?

Most importantly, do you think all these would not go uncontested? My personal take ..... it would drag for years coz every thing every allegations would have some counters in these cases which takes back the author to the basic question - Peaceful life with a MC divorce or a contested and delayed affair with no signs of conclusiuon. Well i know, choic is hers.



Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2011

What do you want?


Divorce or Money?



Shonee Kapoor

Geetika (Finance)     20 November 2011

Okay i have made up my mind going for mutual consent divorce without any alimony/maintenance settlement thanks for the clarification and helping me to follow correct path no wonder a friend of mine recommended me this site great help

Krish Narayan (Advocate)     20 November 2011

Finally you have taken a good decision. 

Rohit Shukla (Engineer)     20 November 2011

@ Geetika - You have made the correct decision by giving the value to the most important thing - LIFE .... ........ Money can never be a subsititute to it.  Trust me if you living LIFE in its true sense, you can create fortune for yourself again. But you have only money and no LIFE, then the money itself is no worth. 

Wishing you luck and happiness in your life ahead.



Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2011

Wishing you a good and fulfilling life ahead.





Shonee Kapoor


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