Legal Question in Family Law in India

I HAVE FILED SEC 498a, 406 AGANST MY IN LAWS. DUE TO ALLEGED BEHAVIOUR OF MY IN LAWS AND HUSBAND I LEFT THE HOUSE AFTER CALLING POLICE WITH MY 20 DAYS OLD SON. NOW THECASE IS IN THE COURT FOR ANTICIPATORY BAIL..ALSO 3TIMES MY CASE HAS BEEN SEND FOR MEDIATION MY HUSBAND IS SAYING THAT HE WANTS ME TO COME BACK WITH MY SON AND HE IS ALSO READY TO LIVE SEPARATELY IN A RENTED HOUSE[JUST TO TAKE THE SYMPATHY OF THE COURT].MY HUSBAND HAS LOST ALL MY TRUST.I AM REALLY AFRAID OF GOING BACK. AND ALSO HAVE LOT OF INSECURITIES LIKE HE CAN MISBEHAVE AGAIN AFTER SOMETIME IF IGO BACK .OR IF I GO ON A RENTED HOUSE WITH HIM FOR THE SAKE OF MY CHILD THAN ME AND MY SON WIL LOSE RESIDENTIAL RIGHTS OF MY MATRIMONIAL HOUSE OR IF MY HUSBAND MAY STOP PAYING RENT AFTER SOME TIME WHERE WIL IGO? HE MAY TAKE AWAY MY SON LEAVING ME FIGHTING THE CASE IN THE COURT FOR MY RIGHTS. SO [a]HOW CAN I LEGALLY PROTECT MY SELF AGAINST ALL THESE INSECURITIES IF FOR THE SAKE OF MY CHILD'S LIFE I DECIDE TO LIVE WITH MY HUSBAND? [b] DO LIVING IN SEPARATE HOUSE ON RENT TO GIVE ONE MORE CHANCE TO OUR MARRIAGE MEANS LOSING THE RESIDENTIIAL RIGHTS OF MATRIMONIAL HOUSE? [c]WHAT SHOLD I ASK FOR IN WRITING FOR THE SAFETY OF MY LIFE AS WEL AS TO SECURE MY SELF FINANCIALY? ALSOTO MENTION THAT ALTHOUGH MY MATRIMONIAL HOUSE IS IN MY MOTHER IN LAWS NAME BUT MY HUSBAND IS PAYING INSTALMENTS TO DDA OUT OF HIS CURRENT INCOME FOR THAT FLAT. SECONDLY THERE IS A PLOT ALLOTED IN MY FATHER IN LAWS NAME [who has expired 1 1/2 years back] AND MY HUSBAND IS PAYING INSTALLMENTS FOR THE SAME SINCE ITS ALLOTMENT. SO WHAT RIGHTS DO ME OR MY 8 MONTHS OLD SON HAVE IN THESE PROPERTIES ?.

Asked on 9/22/09, 11:53 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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in case you have the proof of the fact that it is your husband who is paying the instalments to DDA and also paying instalments for other properties, the court would not get convinced by his argument that there should be a separate rented accommodation for him and his family. in that situation, even though the house stands in your mother in laws name, still you husband has a right over the property and you may prove the payment by calling his bank records or DDA receipts. your apprehension is true that he may leave you and your son in the rented accommodation without paying the rent and no court can give you a guarantee for the same. you should seek residential orders for the shared household only.

Answered on 9/22/09, 12:43 pm

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