LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Almeena Malik   03 July 2018

mental harassment under domestic

My husband has left us and ran away from home since one year. he and his parents are from then trying to sell the house in which me and my six year old daughter stay (matrimonial house). The house is registered in my husband's name, he tried to pressurise me by sending goons. This all is happening for dowry, my parents had given me everything during marriage accept a house. My father in law who was a teacher, and my husband a civil engineer, are planning and plotting ways to.it since the first year of my marriage, I waited for seven years for my daughters sake.  Now they have sold the house and thrown me and my daughter out. Police did not register a complaint nor did they take my 498a registered. I have applied for stay and dv but the bank is coming to attach the property as emi s are not paid. Me and my daughter are homeless and in dv husband says I am not working, I have loans so no question if maintenance. Even after selling the flat he is not ready to give us shelter he asks me to stay in a rented house of which he will not take any responsibility, nor ours. please suggest what should I do for this physical, mental and financial torture


Learning

 5 Replies

Nitish Banka (lawyer)     03 July 2018

Dear Almeena,

 

first issue a legal notice if husband do not mend his way file DV case seek protection and residential orders along with maintainence.Please feel free to discuss your case

https://lexspeak.in/2018/02/changes-in-divorce-law-in-india-2017/

Adv. Nitish Banka

9891549997

Almeena Malik   03 July 2018

They have sold the house and also not paid emi's, so bank is going to attach the property. I have filed dv but there also they are stating to be helpless. My query is can bank attach the property even if case is going on in the court . Can the third party pay emi's and start residing in the house

(Guest)

Court case going on under PWDVA does not limit bank to seize property or limit the owners to sell property to anyone whom they wish to.  In  case of default of emi the bank people will throw you out or you should do some setting with bank manager if you don’t want to.  But you say you have been thrown out of the house.  Now gaining entry into a house where your husband does not live that too which is taken over by bank or third party is not possible in this life time.  You can ask residence where your husband lives but it should be inhabitable if he lives in a drainagepipe you cannot lead family life there.

 

Best is to trace your husband and then fall to his feet and ask for forgiveness.  With child in life you people are like this, what to tell.

 

I have heard and seen husband beat wife for dowry, in-laws beat daughter in law for dowry.

 

But in your case it is ulta.  Husband and in-laws ran away from own house.

 

What kind of woman you are?  Devi-l?

 

Such a hopeless case I have not seen or heard in years.

 

You say you were thrown out of house taken on loan.  Now your only abode can be govt shelter home for women in Mumbai.

 

 

nitish bonka advice is fantastic.  Your husband ran away and is missing, he advised to file DV case and ask for residential orders in home which is abandoned which was taken on loan, for default of EMI the OPs already sold it to third party who will you file case on? The third party who bought the house?

 

DV case you can file, but it wont go anywhere.  First secure place in govt shelter home for women.  Then you should be able to pay fees to advocate or you will seek free legal aid ?  regular fee taking advocates don’t work at all, free legal aid will expect not fees but something else than fees.

 

Marriage is for people who can adjust.   Your  husband and yourself are not people who can lead married life, you can at most spend good time in bed, and result is also before you only.

 

No way you can get any benefit from DV case.  If you happen to trace your husband and in laws you go and fall to their  feet and ask for forgiveness and if they allow try to unite and compromise with them if it is not too late.  If they don’t agree simply take divorce and remarry as soon as possible before soundaryata dhaljaaying.

 

https://www.thehindu.com/news/cities/mumbai/a-home-for-abandoned-women/article17437401.ece

Almeena Malik   04 July 2018

what a cheap reply by another man, this is not some devil act by the lady. Do you men have the right to get married, use a lady, take away all her money and then just leave them and hide behind his parents and sell the house without even notifying. I don't need your sorry advice. keep it to your own cheap mind

ayesha.b.elixer@gmail.com   09 July 2018

my dear sister better u go Ngeo,where women's right (CDPU).office where first whatever happened with u say everything then see what will happen.in police station going alone is not possible better take mahila sanga (Ngo)help. for solve this matter in police station

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query