Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rita---------- (T)     18 January 2014

Rights to matrimonial house

 

I need help for my situation.My husband removed my belongings and moved to another flat registered in our joint name. This he did overnight when I was not at home.we were staying for 10 yrs in matrimonial house under my in laws house.He locked the door so I cant enter the house

 

My husband and his parents has been torturing me to give him divorce from 3 years. They left this house in 2012 and went to stay with their our son ,one fine day when I was not there.

 

now when I agreed for divorce and they asked my lawyer to make a draft of the consent and send to them.We were waiting for their reply on it.Instead of replying on it.He removed my stuff and shifted to the other house but he didnot move any of his.He is not allowing me to go and collect my other stuff from the matrimonial house.I lodged police complain and was there till 12 in the night with my parents and my child .The police didnot help me at all. My husband had the guts to abuse ,say bad words in front of poice to my parents but our good police didnot do anything.And were harassing me continously by asking me questions after another.They called my husband and he was enjoying the scene.The only thing they did was to write NC

 

In this case what action should I take .My motive is here now to only get compensation without divorce because that is what his family wants.He wants to marry another lady.Will I be able to stay in the matrimonial house again.There is no arrangement in the new house where he has shifted my stuff. I am working so he has asked me to buy things in the new house together.He is not paying a single penny for my child .Neither has he looked at him from 2 years though staying in the same house.He is a heartless person who is not bothered about his own child.and wants to get the divorce without paying a penny as he keeps saying dekh tera kya haal karta hu.tu mar kyu nahi jaati and many things everyday fom so many years.

He is openely doing this violence and I dont see any law that can punish him.How can I take help of law to make him understand that women are not doormats ,use and throw.They have dignity and needs to be respected.

 

I saw the way police behaved,I was aghast.In metro city if educated women are tortured,it should not be surprised how uneducated women will be treated in northern india.</p>



Learning

 3 Replies


(Guest)

I need help for my situation.My husband removed my belongings and moved to another flat registered in our joint name.

 

opinion:So,you have to be obliged to him that he had shifted to you providing alternate accomodation. It's good for you to reside at peaceful place.

 

This he did overnight when I was not at home.we were staying for 10 yrs in matrimonial house under my in laws house.He locked the door so I cant enter the house

 

My husband and his parents has been torturing me to give him divorce from 3 years. They left this house in 2012 and went to stay with their our son ,one fine day when I was not there.

 

Opinion: Those who not have feelings for each other and nor have any love for other they usually make plans how to get away from his or her.So,again nothing strange in that.

 

now when I agreed for divorce and they asked my lawyer to make a draft of the consent and send to them.We were waiting for their reply on it.Instead of replying on it.He removed my stuff and shifted to the other house but he didnot move any of his

 

Opinion: Your husband is a generous person I guess. Because he had made you to shift at other home not making you homeless. In eyes of Law he has done a good husbands responsibility. Here you are expectating more from him.You can't force him to live with you. If you have agreed for divorce then what's wrong with you? Let him live like what he want....

your statements here reflects your selfishness as anyhow you want to make him to dance on your tune.


.He is not allowing me to go and collect my other stuff from the matrimonial house.I lodged police complain and was there till 12 in the night with my parents and my child .The police didnot help me at all. My husband had the guts to abuse ,say bad words in front of poice to my parents but our good police didnot do anything.And were harassing me continously by asking me questions after another.They called my husband and he was enjoying the scene.The only thing they did was to write NC

 

Opinion: Collecting your stuffs is your exclusive right,how come police will not help you.If not helping then register a Pvt.complaint U/s 200 crpc and tell about your complaint infront of magistrate.

 

In this case what action should I take .My motive is here now to only get compensation without divorce because that is what his family wants.

 

Opinion: Your marriage is dead and no Law of India can make it alive.You are chasing your own stubborn.Go for MCD rather than wandering for decade around Indian courts and just filling the pockets of lawyers.Have a talk on all issues and get genuine settlement.

 

He wants to marry another lady.Will I be able to stay in the matrimonial house again.There is no arrangement in the new house where he has shifted my stuff. I am working so he has asked me to buy things in the new house together.

 

Opinion: Dear Lady, how come you write these statements even after working and earning. For child maintenance claim for it then only you will get.Only shouting here will not full fill you claim.Fight For child maintenance, both have to equally contribute the amount A/T to the earnings of both parents.

He is not paying a single penny for my child .Neither has he looked at him from 2 years though staying in the same house.He is a heartless person who is not bothered about his own child.

Opinion: He is heartless person then why you are dying to live with him? don't you feel you contradicting your points here?

Madam,don't ride two boats at a time you will land up to nowhere...

 

and wants to get the divorce without paying a penny as he keeps saying dekh tera kya haal karta hu.tu mar kyu nahi jaati and many things everyday fom so many years.

 

Opinion: Same as above.

 

 

He is openely doing this violence and I dont see any law that can punish him.How can I take help of law to make him understand that women are not doormats ,use and throw.They have dignity and needs to be respected.

I saw the way police behaved,I was aghast.In metro city if educated women are tortured,it should not be surprised how uneducated women will be treated in northern india.

 

 

Opinion: OMG ..One side you are stating that your educated and working lady and other side wants to grab the sympathy of abla naari and even wants to force your husband to respect you and follow your words then only you will feel pride of being a woman in India otherwise not...


That's the reason your marriage been on edge.Mam,your egositic nature with selfishness in your talk derives one to be away from you. Please try to work on this issues as automatically your coming future will be peacefull.

And yes No one can make any person to fall in love,fly in love and die in love...so,don't try to implicate things forcefully either through your mind or through wandering around courts.

 

If you are talking about dignity then why you are becoming as abla naari like half of India's women do?

Don't you feel that you have no case here,as every person as his right to live according to his/her happiness?

If you feel that carrying a dead marriage to just please the society till you won't die due to suffer then you are free to carry on as it's your life we are only here to suggest you what is wrong and what is right.

 

Good luck:))

 

thanks and regards

(ESIS)

 


Vakalath (Vakeel No. 1)     09 June 2016

Dumping old query which is already answered.  Time barred query and reply.

jodi acchi heh.

Dr Martin Campbell (Doctor)     09 June 2016

Originally posted by : nisha
Hi,

 

I am going through the same situation and I can give you the best advice. File a complaint in police station detailing every minute incident with proper date. You find out where your husband is staying at present. Move in there with your child forcefully or by deceit. Transfer your belongings to your parents' house. Video record every minute of all this. Take one more person along with you as witness and video record the happenings. If your husband is really a good person, he will apply for civil injunction suit and you contest on merits else he will use force to throw u out. You undercover record everything and submit it to any women's police station nearby asking for immediate detainment of your husband based on evidence of cruelty. He cant throw you out if u stay whereever he stays. He cant file any criminal complaint on a family member for entering his property. Let us see if he wins civil injunction suit. He will try to force you out saying "the matter is in court and you cant enter". But its the judge to pass order to restrain you from the place property where he is staying. He cant decide that. Dont listen to people who demotivate you. You can be a abla nari even if u r educated and working. I dont find any reason why an educated working woman cant be innocent or abla nari. You have right to stay in any place where your husband stays except if he is in jail or hospital or registered men's hostel.

Nisha,

 

You are absolutely correct.  There need to be more wmen like you.  Hatts off to you and your advice.  


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register