Advocate Swati

Questions Answered by Advocate Swati

Q: Abusive husband threatening to kill me

I want to know that my husband is always mentally unstable and is always threatening hyper mood . Always is playing poker and drink lots . He never give us money for household goods orschool fees or anything else.now he is trying to harm us and is threatening to kill me and take my son away.kindly show me the right way.  Need divorce, protection for me,kids and parents.

Advocate Swati answered
If any such act takes place in future, kindly call the police immediately and then file a petition for Domestic Violence before court seeking the protection order in your favor so that no further harm will occur to you and your children. Such order can be given ex-parte also seeing the seriousness of the case and the husband will not be even get to know about the case before giving protection order. And file the petition for Divorce on the grounds of cruelty under Hindu Marriage Act.

Q: Can son from first wife claim share in father's property

Hi, My father married to my mom in 1983/84 and soon after few months, he left her and send it back to my maternal family. Then he married again without giving divorce to my mom. I was born and brought up in my maternal family and they did not raise any case against my Father's family. When i turned 18 my father's family took me and my mom back to their place but things got worsened and i returned after 3 years (it was back in 2005). Then i came to Delhi and currently working in one of the corporate. Need to know if i can claim on properties my father own or is it possible to ask for a lump sump amount which may compensate the share i might have had in his properties.

Advocate Swati answered
Yes, you have equivalent share in the ancestral property from your father's side since your father had 1st marriage with your mother and hence she is a legally wedded wife and your father without even divorcing her married some other woman which is as per Hindu Law is a voidable marriage since the marriage commenced in 1983/84 i.e., after the commencement of Hindu Marriage Act, 1955 it was held that without giving divorce, second marriage is unlawful and void. And hence there is no existence of such marriage. Hence you and your mother are the rightful heir of the Ancestral property of your father's side. so you can easily claim without any second thought. But in case of the Self acquired property of your father, it depends on him that to whom to give such property and you have no personal right to claim so. so he can name such property on your name also or in the name of some other property.