Legal Question in Family Law in India

I am Hindu- brahmin lady aged 31 years. I got married to man (Hindu), of 32 years in Nov 2012. My mother -in law (MIL) left her husband 15 years ago reportedly due to some personal reasons and is staying with us. Myself, my Husband and Mother in Law are all living together in a house purchased by my MIL from out of the money given by her mother and Brother. House is in the name of MIL. My husband has also spent quite a huge amount for renovation of this house.

I have now conceived (with Twins) and in the advance state of pregnancy 9 months. Both my MIL and Husband forced me to undergo abortion (this is second time), because they feel children are a liability. But, I refused to do so and my parents, after informing my husband and my MIL have brought me here. I am now in my parents’ house. When I was 3 months pregnant, my husband has sent a message --threatening to divorce me, and my MIL has threatened to throw me out of the house if I do not undergo abortion. Both my MIL and husband have stopped talking to me since 7 months. My Husband has no regular income. Whether any provision in law for me to claim over MIL’s property (House, Car and Jewels) for their upbringing of my children and their education. I do not like to divorce my husband. I understand that my children will get a share in their grandmother’s property. Is it correct? Please advise me.


Asked on 7/11/17, 9:59 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Your MIL is the absolute owner of the property though with the financial help by her mother and brother. She has every right to dispose any of her property including house, car, jewel to any one during her life time. She may also make arrangement for after her death by virtue of a WILL. Your children cannot get share in MIL - grandmothers property by right unless she herself decides to write will in their favour. You have a right to file claim of maintenance against your husband be it may under hindu marriage act and/or domestic violence act. You may also get a free legal advice, free lawyer and other help from office of State Legal Aid Authority. Go to office of state legal service authority in a district court near your place. It takes about an hour to get a free lawyer. All you need is one picture and an id. Your income is not the criteria at all. So do not hesitate. Take advice from free legal aid office. You may request for a woman lawyer, if feel comfortable in talking to women only.

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Answered on 7/11/17, 1:03 pm


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