My right to sue on person who shifted my matrimonial home without my consent 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

Prabhakara S K Shetty

Responded 5 years ago

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A.All others are advising you to file Domestic Violence complaint with police against your father in Law - make him face police and bring women power into your house. The net result of these, if you follow their advice is that your husband will be left with whatever in his name only and your father in law will not give him all other properties. That will be father in Law power to you.
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Deepak Yashwantrao Bade

Responded 5 years ago

A.you need to file domestic violence complaint and claim for relief of maintenance for you and your child .
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Prabhakara S K Shetty

Responded 5 years ago

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A.With whatever income your husband is getting he is bound to maintain you and the child. Only if the property with your father in Law is joint family property your husband and child have any rights over it.
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Ambrose Leo

Responded 5 years ago

A.You have to convince your husband that you have your own family to live with peace,harmony that the threat from your father in-law in the past cannot be stopped or controlled.Your requirement are well within the law and your father in-law to respect. You can take up the issue with the women & child care dept. Family Welfare Dept.,, in your CP office for Conciliation & advisory to help you .& your husband on one hand and your father in-law on the other hand.If need take help of a Family matter lawyer to guide & advice you & your husband on all aspects of the issue and protect your interest quickly.
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Vidhi Samaadhaan Vidhi Samaadhaan

ROBERT D ROZARIO

Responded 5 years ago

A.You being a daughter-in-law of a share household have your own rights and protection under the law. You may lodge a complaint with the local police station for domestic violence against your father-in-law. Let the woman Support Organization interfere in this matter, then your father-in-law will taste the power of women. I hope your husband stay neutral/be in your favour when you lodge a police complaint against your father-in-law because you need to save your marriage as well. However, if your relationship has already turned sour and there's room to save the marriage, then you lodge a 498A IPC and domestic violence complaint against your husband and also file a divorce petition on the ground of cruelty and get maintenance and alimony for yourself and for your child. Our law system are also here to protect you of your rights and claims. Moreover, if you approach free legal aid service, your matter will be taken by an advocate on a pro bono basis (you don't have to pay any money).

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.
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Indhu K

Replied 5 years ago

Thank you sir for your valuable information.
At present what I am expecting from my husband side is I want residence at the place where I came for delivery i.e.,the house where we both lived earlier which is on my father in law title and nominal amount to meet daily needs of my child.do I have right to get them

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Indhu K

Replied 5 years ago

Will my right exist if my father in law or my husband had shifted my home without my knowledge.and the title of home which we lived earlier belongs to my father in-law

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Vidhi Samaadhaan Vidhi Samaadhaan

prasad

Responded 5 years ago

A.Dear client u can ask residential order by filing case under domestic violence provisions. Also u can ask share in assets in name of yr child by filing civil suit. For any legal help call me

Adv Prasad Patil

Pune
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Vidhi Samaadhaan Vidhi Samaadhaan

Mohd Imran

Responded 5 years ago

A.I thing you are fighting for prestige issue. Plz think about your child and dont involve yourself in court times. Time is very precious and dont waste it in courts. You do not have a big issue. Plz solve it within your family. For more details you can contact me through my ID by putting a request for consultation there
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Indhu K

Replied 5 years ago

Thank you sir for your valuable reply.
what I am expecting from my husband side is I want residence at the place where I came for delivery i.e.,the house where we both lived earlier which is on my father in law title and nominal amount to meet daily needs of my child.do I have right to get them

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Vidhi Samaadhaan Vidhi Samaadhaan

Nirmal Chopra

Responded 5 years ago

A.U can file a petition for domestic violence claiming following relief-
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.
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