Legal Question in Family Law in India
Family law, Divorce, maintenance claim
Hi, i m 28 yrs. old Hinud based in Mumbai, have got arranged marriage two yrs. back, my father is a govt. class one officer and elder brother is also govt. employee. they both created the situation by which my in-laws threw be out of my matrimonial home since last one year, since then i m not staying with my husband or with my parents either, i m with my aunt, all my stridhan is with my husband, my father and brother has harassed and beaten up my mother and small brother and sister and threw them out of home in February, 2007 since then three of them r with me at my aunt's place. Now what should i do to claim my conjugal rights to my husband as well as stay and maintenance for my mother and small brother and sister at their home. do i have any legal rights in the ppty. of my father? If, yes pls. guide me.. my father owns a 1030 sq. ft. flat as well as jewellery of my mother and sister and other our ancestoral ppty. too.. (i know about it but have no documents as proof to show). i doubt that my father has given up his rights as owner in the flat to my elder brother. so how we can claim our share. further is there any provision by which we can claim our legal rights for a normal life.. pls guide.. thanx
6 Answers from Attorneys
Re: Family law, Divorce, maintenance claim
Your have mixed up your question.
As far as your matrimonial issue is concerned you have not stated anything about your relationship with your husband.
As far as your father's property is concerned, if you apprehend that he may dispose of the property, immediately approach an advocate and seek an injunction restraining aleination of the flat. Rest of the remedies can be followed.
Re: Family law, Divorce, maintenance claim
you are confusing facts of two cases - your and your mother's. please clear the facts separately.
from what you have written, it appears that both of you are entitled to pursue criminal cases as well as civil cases (damages/compensation) under DOMESTIC VIOLENCE ACT 2005
Re: Family law, Divorce, maintenance claim
you can claim maintenance from ur father and husband.
give application in court
either meet personally or u can call
Re: Family law, Divorce, maintenance claim
If possible you can contact me personally.This seems serious cannot be discussed here in full detail.
Re: Family law, Divorce, maintenance claim
This is pretty serious. If possible please contact me personally or by a phone call.
Re: Family law, Divorce, maintenance claim
You can claim maintainance from your husband only after marriage and your mother,sister,brother can claim maintainance fron you father.If the property of your father is an ancestral property then you can claim your right.For jewellary etc.your mother can lodge complaint u/s.406 IPC AND CAN also GET the same recovered by way of recovery suit.In case of any other query contact with details.Professional charges are applicable.
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