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How to claim right on father in law property brought by istridhan


11-Feb-2023 (In Family Law)
Gud evng! was blessed with baby boy on Apr 2016. My husband was cheated and married me. My husband is absconded due to his family advice and support. I went to police station and they filed a FIR on 25-09-2016 on my husband and in -laws on 498-A ,420,DPA. But it is not yet going forward. I have no financial support from my maternal home. My husband bought a flat after our marriage with my dowry but that it was went a registration on my father in law's name. Now that flat is vacant.Shall I go and stay in that house with my kid and my mother??
Answers (3)

Answer #1
510 votes
Hi
Yes you can go and stay in that house with your kid and your mother.
you should also seek protection orders for residence under Section 19 in The Protection of Women from Domestic Violence Act, 2005
You should also file a maintenance petition under section125 of Cr.P.C and get monthly maintenance for both you and your child.
Answer #2
535 votes
Yes you can go and stay in the house and file a case of DVC and maintenace case cause 498 A is only for punishment and u will not get anything concrete u can still pursue the case and as well file the other two cases
Answer #3
913 votes
You have to prove that you had given the dowry at the time of marriage to make any claims. You have to also prove that your father in law purchased the property in his name out of the dowry amount. I think presently you have approach SAKHI Centre in your District (if there is no SAKHI Centre go to the office of Women &Child Welfare Development Agency )to report your grievance and see that a domestic violence case is filed against your husband, father in law and mother in law . Also move petitions (1)for grant of interim orders for maintenance of you and your child.(2). Orders against any alienation or conversion of property held by your father in law which was purchased out of your dowry.The DV case you can have reliefs (I) for maintenance (2). Return of dowry & articles given at the time of marriage and (3) compensation for causing you mental , physical & economic sufferance.

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