SRINIVAS KOTAMMRRI (SERVICE) 28 September 2010

Property Dispute

We are three brothers I am 2^nd one & all are well married, and living separately. My father and mother are living separately on their own. My wife along with my only son left my company one year back and all efforts to bring back were failed. Finally in April’10 I served legal notice for which she replied through her council and subsequently I filed a petition for divorce . In the mean time knowing the I filed a petition for divorce she filed a police compliant U/s 498 A & Sec.3 & 4 of DP Act against my self, my parents and on my younger borther. The case is pending in court.

We are having the following properties.

House consisting of 6 rooms in the name of my father. (My father got this property from his father and still this property is in his name only) which is situated at Vijayawada.
30 Years back my father has constructed another house in his name from his savings at Khammam and still living in this house.
I have purchased a Flat at Hyderabad from my savings and also by taking a loan from bank.

My wife filed a civil suit in the name of my son (who is a minor) at Khammam stating that from the income generated from undivided property my father has purchased property no.2 and out of the income generated from property no.1 & 2 he has purchased property no.3 and hence all the above property will come under Hindu Undivided Property from which my son is entitled ½ of 1/4^th share of the entire property and served summons to my father and all our 3 brothers.

The primary motive of my wife is to harass all my family members. Please advice what to do and also advise is it valid to file a case at Khammam ?

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 28 September 2010

As one of the immovable property mentioned is in Khammam there is no prima facie irregularity in filing the suit at Khammam. You contest the case on merits that it is not a joint family property. Also why don't you file a case for custody of your son?

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(Guest)

Withdraw the divorce suit and file a case of restitution of conjugal rights[She won't come but it'll nullify 498A.,406 or whatever--tell the court that you "love" her so much that if she doesn't join u ,you' might go "mad" or eat potassium cynide. Simulataneously Appoint a guardian if your son is a minor [under section 32 of the CPC] and let the guardian[preferably a lawyer] sue for the custody of your son u/s 9 of Gurdianship Act. This two actions will result her in ending up in a lunatic asylum.

(Guest)

For the same cause of action two criminal cases and two trials are prohibited under Article 20 of the Constitution. This is called double jeapoardy. Thus she cannot file a case of 498a as well cases under DP Act,simultaneously as they a a nullity as per Article 20 of the Constitutiion of India.

SRINIVAS KOTAMMRRI (SERVICE) 29 September 2010

Madam,

Please note that the Property at Khammam is self acquired by my father. and the property at Hyderabad is self acquired property of mine. Only the property at Vijayawada is common property even for the same the partition was alaready taken place emicablly between my father and my three brothers. All that my wife wants to create unnecessary dispute only to distrub the entire family.

(Guest)

Keep your wife busy as advised. Form a trust [if possibe] in your son's name [with a lawyer] as an executor. Fight for the custody of your son and withdraw the divorce case and instead file a case for restitution of conjugal rights. Your wife will tell the judge that these are your tricks but you say that "Even Brahma, Visnu, Mahesh could not undestand a woman, so I tried these these tricks for having another child from my "Loving" wife. In 498A cases judges don't take much action unless there are other factors involved.