My right to sue on person who shifted my matrimonial home without my consent
5 years ago
I had been married 3 yrs ago i.e.,2015.we had not kept family up to 10 months. after 10 months of our marriage we had kept saperate family in the house where my father in law holds title.on Nov 2017 I came to my father house for delivery.in June 2018 my father in law had shifted all the house hold assets in my house to his house without informing me and trying to give that house for rent.now they asking me to live with them in the combined family.i am not interested to live there because of the threats I got from my father in-law earlier.all the majority of assets are in the name of my father in law only.my husband has only nominal assets and nominal income.now I am alone with 6 months child.please help me in this regard.i want to know legal rights of me and my child
Deepak Yashwantrao Bade
Responded 5 years ago
Ambrose Leo
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
For your convenience, the definition of domestic violence is elaborated under section 3 of Protection of Women Against Domestic Violence Act 2005
3. Definition of domestic violence.-For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it -
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I.-For the purposes of this section,-
(i)
(ii) "sexual abuse" includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) "verbal and emotional abuse" includes-
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.
(iv) "economic abuse" includes-
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under
an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.
prasad
Responded 5 years ago
Adv Prasad Patil
Pune
Mohd Imran
Responded 5 years ago
Nirmal Chopra
Responded 5 years ago
I) maintainence for ur child and your self.
ii) compensation for domestic violence committed on you.
ii) direction to husband not to disoss pfff his immovable and movable assets
And other reliefs.