victim need help (HOUSEWIFE) 30 November 2013
victim need help (HOUSEWIFE) 30 November 2013
Pooja Hegde R. (Advocate) 30 November 2013
Dr. Jyothi Vishwanath (Associate Professor of Law) 30 November 2013
I agree to pooja. Even you have legal remedies. You have to pursue them. Battle is tough and time consuming but you have to get to a good advocate and entrust the whole matter to him and file suits for maintenance, custody and initiate proceedings for fraud, marital cruelty, domestic violence. Be strong legally and they will kneel down sooner if all the facts you have stated are true.
smita (not working) 30 November 2013
Hi..Finally there are some courageous women like you...Don't move out of that matrimonial home at any cost..fight from there u have all the right to live there...Don't go to court and wast all ua life... he seems to be a jobless fellow its a shame on him filing so many cases and harassing u like this to the core...its too much..Ask fr protection in DV.wd he showing falst ITR details.. he can't do anything...if not a maintence to him..he has to give fr the child... u tell him to with draw all the false cases that he has filed and harassed u.If he is not interested to live with you...tel him to go get an order from court dat he doesn't want to live with a wife...and ask him to come back and lead a proper life being a proper father to a child and as proper husband...if he doesn't agree..ask him to go to court...
Adv. Chandrasekhar (Advocate) 30 November 2013
now by virtue of court orders you have residential rights and also custody of the child. If he files appeals, you have to contest them on merits. Only one more relief you are, I suppose, expecting, i.e., maintenance. You must have filed maintenance case under S. 125 cr.p.c. Seek from the court for interim relief. once, after obtaining the maintenance order, go for execution. I want to clarify you one thing; in your deceased fatherinlaw's property, you will have no inheritence rights either legally or morally. Even your child does not have any right as long as the child's father is surviving. So, if your MIL made any fradulent transaction in retaining that property, your husband may be an aggrieved party, but neither you nor your child can be aggrieved party. Why I am saying this is, this aspect should not be bone of contention between the family members. But as per DV Act, as it is your matrimonial home, you have residential rights. So, put your efforts on maintenance case and get relief and execute the orders.
Tajobsindia (Senior Partner ) 01 December 2013
1. Set-up mediation meeting via Family Court with your Husband and opt for Mutual Consent Divorce with reasonable one time alimony and child custody.
2. Rest what you are following as per Hon’ble Court directions are not going to bring marital harmony or long time marital peace to parties and to the parties minor.
1. The query has one too many missing facts and is one side’s version which is understandable so far as public decimation of personal family matters are concerned.
2. The marriage is now dead is what your query ends at.
victim need help (HOUSEWIFE) 02 December 2013
Adv. Chandrasekhar (Advocate) 03 December 2013
If the property you are talking about is the self acquired property of your fil, the property will be devolved to the beneficiaries as per his will. If he has not executed will, then the property goes to his legal heirs, his wife (your mil), his sons (including your husband and his brothers) and daughters (your nanad). If any of them or all of them want to relinquish their share in favour of their mother, they are entitled to do so. If your husband wants to relinquish his share in favour of his mother, he can do so. You cannot have any legal right to stop him to do so. Once he relinquishes his share, then you or your child cannot claim it either now or in future date. Suppose your husband has not relinquished his share, then also as long as he survives neither you nor your child has legal right on the share of his property. Why I am explaining you in detail about this particular aspect is that due to wrong legal appreciation of the facts in respect of your or your child's rights on the property, the quarrel started in your familly members, then you are on wrong side and so make amends to such extent.
Next, your residential rights in matrimonial home. Whether that particular house is matrimonial home or not in respect of your marriage is purely a matter of trial. If your husband does not want to stay there and before the court he offers a rented accommodation, then court will tilt towards his proposition. ONly if you prove that there is a malafide intention on the part of your MIL and husband to show that your husband has no right to stay there and his offer of providing rented accommodation is also for ulterior motive, you may succeed to get residential rights, otherwise not.
victim need help (HOUSEWIFE) 04 December 2013
Adv. Chandrasekhar (Advocate) 10 December 2013
ONly if you prove that there is a malafide intention on the part of your MIL and husband to show that your husband has no right to stay there and his offer of providing rented accommodation is also for ulterior motive, you may succeed to get residential rights, otherwise not.