Legal Question in Family Law in India
sir
I had filed for DVA against my husband and in-laws.We then went for compromise.In the agreement i had asked for the following things.
1) I had asked to transfer the piece of land in the name of my son (minor) and my husband will be the guardian,the land has been registered in the name of my father-in law for which the money has been given by my husband.( husband says he has gifted the land to his father) My husband does all the investment in the name of my father-in -law ,my father-in law already has land worth 7 crores.
Is my demand legally viable?
2)I had asked for 23,000 for personal expenses as my husband has a handsome salary of 6 lakhs per month he does not give any money to me and my children
I am still living with my husband.
can i demand for the money while living with my husband?
3) He had asked that his parents should live with us.
4) I had requested that me and my children should not be forced to live in the ancestral house at sallagarh tehsil palwal,faridabad
still he is forcing me to go to palwal and saying if i am not going to palwal (not in the ancestral house ,but in palwal only )then he will not fulfill my demands.
He is not giving me an enviornment to live peacefully and still harassing me both mentally and physically
Is he bound to fulfill these demands according to law.
He is saying he will drag me to high court and supreme court as the agreement prepared is not legally viable.
Can i directly go to court and write a complaint on my own as he is forcing me to withdraw the case fully of domestic violence and the agreement.
please guide.
3 Answers from Attorneys
you must not take any step in hurry and understand the pros and cons of your legal action. firstly, in case the agreement is executed by your husband only, it will not be valid as your father in law is the registered owner of the land. in that situation, you must seek the signatures of your father in law upon the compromise deed. you cannot initiate the action against the land saying that the money was paid by my husband as it is a matter better husband and his father whether he gifted the land or not. your son has the right in the properties of his grand father in he can file a suit for partition. this would be complicated as you are staying with your husband only. its better if you show all the documents to a lawyer and seek his advice in person.
you can demand and he cannot force you to live in your ancestral property coz it is ur wish and have right to live in the house where ur husband resides. But
First send me the compromise deed coz if you want to come over here in chandigarh then first i should be aware about your compromise deed wording and only then i can suggest you to come to me in chandigarh or not. Moreover you can send ur deed at [email protected]
Advocate high court chandigarh.
09814110005
(1) You need not to withdraw the DVA case.
(2) All your demands may not be reasonable.
(3) Try to settle the dispute amicable and reach an out of court settlement.
(4) You are entitled to approach the police / courts directly. The law is in your favour for a reasonable good living.
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