Legal Question in Family Law in India

:: Background Info::

I am a married man(I got married in December 2005) of 34 yrs.

I have an elder brother who stays in his own house.

I live with my wife and 3 year old daughter in my father's bungalow [his self acquired property] on 1st Floor. There are 2 bedrooms on the first floor and the entry to first floor is from ground floor. Common kitchen is on groundfloor.

Since August 2009 my parents cook their food separately. My wife cooks

for me and my daughter in the same kitchen. We eat food on 1st floor while my parents eat their food in the TV room[Hall] on the ground floor. We bring our own groceries and milk. There are 2 fridges in the house - the one in the kitchen is used by us. Fridge no 2 is in the room [rest room] adjoining the kitchen and is used by my parents.

1] My mother bought number specs for my 3 year old (intentionally)

While playing my kid misplaced them. My mother created a fight over

this and asked me to pay her Rs. 300 for the specs. I paid her Rs.300.

She then asked for gold bangles which my wife was wearing. These Bangles

(originally belonging to my mother) were given to my wife just after marriage and she wore them for 4 long years. I handed over the bangles to my mother.

Q1. Are these bangles STREE DHAN, given that my wife was given these after marriage?

Q2. What action can I take against my mother?

Q3. Is this a case fit for 498A?

Q4. Can I prohibit my parents from access to my daughter while I am still staying with them under the same house? How?

2] Now my parents (in connivance with my brother) are forcing me to leave the house and I don't want to do so. Why should I leave the house when I am staying on the 1st floor while my

parents live on the ground floor?

Q1. Can my parents throw me out of the house using force given the fact that the bungalow

belongs to my father?

Q2. What should I do if they don't permit me to go upstairs and lock

doors to both bedrooms that exist on first floor?

Q3. Can they lock the kitchen inorder to frustrate me? What should I do if they do this?

Q4. My wife is in the family way. Can we keep separate maid servant for ourselves? What if they

misbehave with the servant or don't permit us to keep our own servant?

Q5. Can my parents take a stand that since I am an adult and financially sound I should live separately?


Asked on 4/07/10, 8:08 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Last question first : yes, they can throw you out of their house. You and your wife are behaving like fools of the first water. In the given situation you should apologize to your parents and seek their forgiveness for your foolishness.

You cannot file 498-A against your mother; and you are liable to return her gold bangles.

There is hardly any legal right in your favour.

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Answered on 4/08/10, 9:57 am


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