Legal Question in Family Law in India

My husband & me made separate house just bcoz me & my mil was not comfortable under one single roof. After that he quarrelled and left me & my kid in the rented house without paying anything. Now he is sitting in mil's house and asking me to come and stay with them but i am very scared bcoz she is very cruel, rude in nature and even my hubby supports her a lot. And I am asking him to come back & stay with me in separate house which is only 2kms away from my in laws house. He is telling my business running under loss i cant maintain separate house. and more over my parents are aged so i cant leave them & come to you? I told him clearly that i will take share in household exp since i am also working? But he is not at all ready to come. Now in my case what court will suggest for me? Court will ask him to come & Stay with me or should i go to mil's house where there will no peace of mind? Everything was planned
2) my next questn is my mil had a own house which was in my husbands name , as a precautionary measure my husband transferred his own house to mil's name ? can i get a share and even i hv got 4 yrs old kid(boy) or can i ask on be half of him? NOW THEY ARE PLANNING TO SELL THE HOUSE... SO THAT I SHOULD NOT CLAIM THE HOUSE NOR MONEY?
3) Even my FIL has a property which is in his name ? CAN ME OR MY KID CLAIM FOR IT.
4) EVEN I HV GOT BROTHER IN LAW(eLDER brother to my husband has got 2 kids (boy) aged about 7 yrs but they stay in UK.even they will have a share??
We got married in 2007, made separate(rented) house in 2009. But as of now i am paying the rent of Rs.5000/-
kindly suggests how can i get back my husband and make him to live in separate house and i am totally confused?

Asked on 1/10/12, 2:48 am

2 Answers from Attorneys

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

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there is no law in india that can compel any of the spouse to stay with the other. in case your husband is calling you to his house, at present, that seems to be the best option available. in case your mil inflict cruelty upon you, you may seek restraint orders by filing a complaint under domestic violence act.

Answered on 1/10/12, 2:57 am

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