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MS (CEO)     22 August 2012

Property rights

Dear Members,Kindly advise. I have file ed a divorce case against my wife on grounds of cruelty and dessertion owing to her exra-marital relation which lasted for 14 years. 

My wife filed has filed a case of DV  against me to secure her right to stay in my mother's house. She is refusing to give divorce and wants to stay just to avail facilities and enjoy social status.

My mother has also filed a case in session's court to throw out me and my wife. I ahve taken a rented accomodation somewhere else.

My lawyer is suggesting that i make my 19 year old son file a case in another court asking for stake in his maternal grandfather's property and assets. Can this be done  as a pressure tactic for my wife and her family to think about negotiationg the alimony and agree for a mutual divorce. My son hates her mother and does not communicate with her family because of what she has done.

Me and my family don't want her father's money. Just want to craete pressure.


 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 August 2012

Your son has no right in his maternal grandfather's property during the lifetime of his mother i.e your wife. He is not a member of the HUF of his mother's maternal family nor a coparcener there, so there is no point in filing such a suit. If the lawyer of your wife is well acquiented with the legal provisions, then the said suit will not at all create any pressure over your wife, on the contrary you will end up losing the court fees, lawyers fee and expenses over the litigation.

Avinash (.)     23 August 2012

A govenment servent of age 55 had put son and his wife out of property before 9 months through public notice in news paper.

Now the son and his wife have conflicts and son filed divorce petition.

now son's wife started living forcefully with in laws and started cruelity.

son and his wife were living away from aged couple for last 2 years.

son's wife always threatens the elderly couple to trap in dowery case.

she already sent elderly women and her husband to lock up twice by making fake cases.

what can be done now to avoid all these situation to get a peaceful result as son's wife is demanding a lot of money.


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