Legal Question in Civil Rights Law in India

Dear Sir

I am 56 andy my husband is 62 . My husband is totally in controll of his mistress and he is just denying having any relationship with me and my son . I have a daughter in law also with me. My husband has sold almost 90% of his property including our house. In each and every cases below he has just denied having any relationship with me and my son. But we have all the evidences like marriage photos of mine,invitation card, educational certificate of my son, id and address proof of ours ,125 crpc order and ro under dv act.

In many cases he has argued that i dont have the certificate for legally married wife till now and just denying our relationship.

I wanted to file the civil case for legally married wife declaration and claiming the right of my son in our ancestoral property making it a single case. After filling this case willthe status of the following cases will be affected . I am worried wheather my following cases will have negative impact after filing this declartion suit for legally married wife or not specially the dv act and i have got stay only one property which is left to be sold on maintenance on charge.

Please Suggest.

Cases Files by me are as follows ,

(A).125 CRPC maintenance in which I have got maintenance order of Rs.500 p.m. passed in 2002 and I has also applied for its enhancement which is still pending.

(B).DV Act case under which R.O. has been granted in my favour and I have also applied for monetary relief of Rs.7000 which is still pending in court under this DV Act.

(C).FIR under Section 494/498A/506 has also been registered in October �2010in the local police station , in which my husband is on bail ,trial is about to commence.

(D).My Husband has filed another civil case in which he has sought the relief that his name should not be used by me and my son denying having any relationship with us.

(E ) I have also filed one case for maintenance on charges against my husband in which she has got stay on a plot of land which is the only plot left in our ancestoral property.

(F). My Son has also filed one civil case for the cancellation of this sale deed on the basis of his rights in this ancestoral propery ( Home whose land is ancestoral and My husband has not purchased the land only he has build the house),but this case is still pending since the last nine months and the purchaser�s and my husband�s reply is still awaited in this case.

(G). MyHusband had filed a case in 2001 seeking relief decree of permanent prohibitary injunction defendante ( Me and my son) be restrained from interfering in the salary/properity of my husbands, this case got dismissed in 2008 due to the non appearance of my husband but me and my son were attending this case through our lawyer till the date of final dismissal order of this case in 2008.

(H) I have also filed FIR under Section 323/504/506 of IPC against our tanent in the local police station who tried to vacate our house in January�2011 after the sale of the our house.But i have got R.O. not to vacate the house till the disposal of this case.


Asked on 8/10/12, 5:32 am

2 Answers from Attorneys
M.P. SANJAY M.P. SANJAY M/s. Sanjay

As far as regarding cases for maintenance is concern it does not effect. You can file declaration suit against your husband until this suit is decided it won't effect on other civil case.

M.P. SANJAY

Advocate

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Answered on 8/10/12, 7:07 pm
Global Legist Advocate & Legal Consultants

Already Many Times answered

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Answered on 8/12/12, 11:02 am


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