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victim need help (HOUSEWIFE)     30 November 2013

Trapped in legal battle by husband,motherin law her daughter

Dear All, I am writing this message to get the best possible solution to the problem faced by me and my four year old child. I have been married from past 6 years. My husband is a business man and has a very good source of income( maintaining three cars, membership of five star hotels, had abroad trips and having hi-fi network). After 1.5 yrs of marriage I delievered a baby boy and since then all the problem at home started. My mother in law and My sister in law ( she has two female child) started misbehaving with over small small things. My husband was totally ignorant. He always stopped me to say anything against my inlawas to my family (which I did it thinking that will ruin the image of my inlwas in eyes of my parents). My matrimonial home is in the name of my mother in law (by virtue of fraudulent DDA papers which she got made after the death of my father in law after his death.) She got the home transferred in her name in the year 2010.(after the delievery of my child). I was not told about this whole controversy ever. they used to have secret meetings in my sister in laws place. In 2012 my husband asked me to go to my mothers place as she was not keeping well. I went to my moms place for 3-4 days. But when I came back , I found the home locked and my husband started ignoring my phone calls. Even all the in laws were hiding there whereabouts from me. after 11 days I received a summon from my husband for the custody of my son (he mentioned that I have deserted him and our child and went to my mother's home. I saw two police complaints also to support his plaint. after that I went to police station to inquire about the complaints which he has made about me. There everybody suggested me go to my matrimonial home. with the intervention of police and neighbours my mother in law and husband told there whereabouts and came back to home. I lived there with them for three days. There behaviour was absolutely suspicious. My husband left me while I was sleeping without informing me. My mother in law told me that she has disowned us and filed a injuction suit to vacate the house. I was alone in the home when I received the summons. (the case was filed against me only). On the date of first hearing when I was getting ready to go to court my husband came and took away my four year old child and ran away. while he was going out I tried to stop him but he ran away and my mother in law hit me. I could not not anything as I was alone and there was no one to help. Ater two days my mother in law also left the home after locking me in the home when I was sleeping. with the help of neighbours I could come out of the house. I made a complaint to police about my sons kidnapping and about my mother law. With the help of Protection officer, I went to mahila court where I got residence right and my child custody. After this my life has become hell. my husband has filed many case against me for custody of child. my mother in law has filed injunction, possession suits. she has made a criminal complaint for trespassing ( where I have taken bail),appeal in high court for the suspension of mahila court order. I was working at the time of my marriage, but after delivery I was forced to leave my job by my inlaws. my husband took all the salary -white money (got transferred in his accounts) from me. He has filed my fraudulent ITR with the help of his CA. I have filed a case for maintenance but his reply is I am earning more then (giving proof my wrong ITR). He is forcing me to vacate the house otherwise he threatens me that he will my life more worse. There are so many cases , its very difficult to fight for all( without money). I can not do a job as I have a small child and nobody is there take care. I am not getting any maintenance and also whenever there is any relief order granted they go for appeal in high court. I went to CAW cell also but did not get any solution as my husband says he can only provide me rented home that too very far off and with poor conditions. People say that's his tactics to make you move from his house. Please help and guide me .I am worried about my child and his future. he being a very rich person , taking all the possible steps to harass me.


Learning

 11 Replies

victim need help (HOUSEWIFE)     30 November 2013

Please give me the solutions not sermons. I am already very tensed.

Pooja Hegde R. (Advocate)     30 November 2013

Firstly, I appreciate your courage because everyone does not have the courage to fight money. Secondly, some details are missing. You can suits for maintenance, 498 A against husband and mother in law for beating you and subjecting you to cruelty. For ITR misappropriation file 420 for fraud as u can get your employer and salary slips to prove your real income. Truth is powerful.

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

Remedy;
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.

Reasoning;
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

@ chandershekar sir Dear sir Thanks for your reply. I just want to add that my MIL has filed a possession suit against me wherein she has prayed for the relief of handing over the possession of my rooms in my matrimonial home. My Lawyer has filed his reply wherein he has mentioned that my MIL is not the absolute owner of the property we have filed following supporting documents: 1. MCD Papers in the name of My Father in law who is deceased now. (Property Tax receipts, mutation stamp paper etc where it is clearly mentioned that my FIL was the property owner) 2. His income tax returns (where my martimonial home is shown in his assets side in the balance sheets). 3. Agreement to sell and purchase in my FIL name. The hon'ble judge has seen the papers and given the order that said its a matter of TRIAL. My question is 1. Do i have a life long right to live in my matrimonial property? 2. how come my son is not having any legal right on the property? 3. does law take it seriously that MIL has disowned us? (what is the legal acceptability ). Please guide as I am not at all interested in divorce as it will affect my child's future. Also my Husband and MIL are living in my sister in law's home.I have tried many time to settle down the issue. But there only concer right now is to vacate my matrimonial home and go to rented accommodation.

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

Thanks a Ton sir for your reply, Its been more than a year since i m facing this pblm. When i file my application undere DV act, my husband orally submitted in front of the judge that he has taken a rented accomodation and want me to join, But judge was not at all convinced and said " AAJ KAL SAB YAHI KAR RAHE HAI PEHLE BIWIO KI RENT PE LE JATE HAIN FIR ITNA TOURTURE KARENGE KI LADKI KHUD HI CHOR KE BHAG JAYE, DIVORCE BAHUT MEHNGE HOTE HAI AAJKAL" And she catagorically mentioned that being only son this is the eyewash to vitim that his mother does want them to live together with them. Also sir, i have come to know that after few months my husband vacated that rented accomodation (where he never resided) an now permanently staying at his sisters place with his mother. Even in child custody he has taken the same stand.and on the other hand he calls me cruel and lustful in his plaints. my question is just by saying that my husband is willing to stay in rented accomodation with me will make judge's mind in his favor? i genuinly do not want to break this marriage for the sake of my child and my family. please guide me as i think that leaving my matrimonial home will make them more cruel towards me. (as such they are not bothered abt me n child).

victim need help (HOUSEWIFE)     10 December 2013

@chandrashekhar sir . Plz reply

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.


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