Upgrad LLM

wife's rights after 35 years of marriage


Hi,
I require a legal opinion for the below mentioned case of a lady wwho has been married for past 35 years

Current status is as listed below
**She has been married in a Hindu family for over 35 years and has a son of 34 years (no siblings)
**Her Husband has been a hardcore alcoholic in past and is very renowned in the locality for creating nuisance and using profanity and abusive language
**She currently stays with her Husband, Son, Daughter in law and a grandson of 2.5 yrs
**Her husband is a retired government bank employee but he has never shared any of his sources of income with her with regards to his gratuity, Pension or PF
**He mentally tortures her and refuses to support the lady in her household expenses
**The husband keeps on cursing her parents and mentions that they have never provided anything to me till date in a loud voice which is audible even in the nearby locality
**Her son & daughter in law have finally decided to move away from her because of the man's weird behavior and she is also planning to move with them since her husband and his sisters get together and mentally harass her
**The husband claims that it’s his house only and he can do whatever he wishes too

My question is as a housewife does she have any legal rights in the husband’s house and pension? Since she is not earning anything and is dependent on the husband for finances

Also, Now that she has decided to part ways from her husband and move ahead with her son can she ensure that the husband does not sell of the property in her absence? or claim her rights in the house or on his pension
Also does the son or grandson have any right on the father’s or grandfather’s property?

Please advice

Thank you for your prompt response

 
Reply   
 
practicing advocate

During the life time of a husband, wife cannot seek any share in the husband's property.  If husband has got any ancestral properties then thru., her children she can claim her share in the properties. 
 

 
Reply   
 


Advocate

In so far as the father's property is concerned I agree with Advocate Shri. Rajeev.  However, if the wife victim of harassment at the hands of alcoholic husband can file a mtrimonial petition citing out  the cruelity and seek various reliefs and legal divorce.

T.R. Ganesan   

 
Reply   
 

Many are leading silent deaths of this kind, amongst indian women. ANOTHER CASE FOR e.g.

 

Wife's Rights after 41 years of marriage

Can Legal Aid HELP? with required legal opinion for the below mentioned case of a lady who has been married for past 41 years and at the mercy of her elder son who is though 40 years is still a bachelor.

**Her husband is a retired government employee for decades but he is selfishly on retirement, lives on his own with his monthly government pension and had never shared any of his sources of income with her with regards to his gratuity, Pension or PF, lives in his home-town in  Cannanore, Kerala, after retirement. Current status is as listed below
**She has been married in a Hindu family for over 41 years to a Probation Officer of the TN Govt. who retired as a Regional Probation Officer, has two sons and two daughters.  **Her Husband has lead a most irresponsible selfish life, been an alcoholic and gambler (playing cards) in the past and is very renowned in  the department and being  an irresponsible husband in caring the family, creating nuisance and using abusive language, known in all the postings he had, by neighbourhood, he is threatening that he was in the Jail Dept of the Govt. of Tamilnadu and can cause severe trouble to them if they ask money as the pension he gets is insufficient for himself.

****She currently stays with her unmarried Son, and two unmarried daughters. He occasionally visits Coimbatore as a tourist and mentally tortures her and refuses to support the lady in her household expenses.
**The husband keeps on cursing her parents and mentions that they have never provided big dowries as others  have given but for some gratifications by her well placed professional brothers.  Visits and Scolds anything to her,  in a loud voice which is audible even in the nearby locality
**Because of this one of her Her son & daughter in law have finally decided to move away from her because of the man's weird behaviour.   Her relatives and husband’s sister says it is her fate.


My question is as a housewife does she have any legal rights in the husband’s property and pension? Since she is not earning anything and is dependent on her siblings. Also, Now that she is with her elder son and unmarried daughters,  can she ensure that the husband pays her part of his pension and husband does not sell of the property in her absence?  Also does the son or grandchildren  have any right on the father’s or grandfather’s property?

Please advice  sympathising my condition, depending on my elder son with two unmarried daughters. ( Mrs. R. Vasantha, Coimbatore).  

 
Reply   
 
Advocate

My question is as a housewife does she have any legal rights in the husband’s house and pension? Since she is not earning anything and is dependent on the husband for finances

She has to invoke the rights available in Domestic Violence Act (Section 17 of DV Act) for a shared household and residence order (in which she can restrain the husband or any of his relatives from entering any portion of the shared household in which she resides-Section 19 (1)(c) and also restraining the husband from dispossessing or in any other manner disturbing the possession of the wife  (Section 19(1)(a).  For getting these reliefs she has to move application under Section 12 of the Act, along with the appliction for interim relief.  In addition to this, she can invoke Section 20 of the DV Act for maintenance or Section 125 of the Cr.P.C. (I prefer the latter one).  She will get monthly maintenance depending upon the pension he is receiving every month.

Also, Now that she has decided to part ways from her husband and move ahead with her son can she ensure that the husband does not sell of the property in her absence? or claim her rights in the house or on his pension
Also does the son or grandson have any right on the father’s or grandfather’s property?

If she stays in the husband's house under the court order as explained above, she will ask and also get the relief of stay order against the husband for not selling the property.  If the property is self acquired , during his life time neither wife, nor son or grandson will have any right on the property.

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x