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False case filed by inlaws that I pushed them out of the house
18-May-2023 (In Divorce Law)
Hi sir my husband left me at my parents home for 2 years along with my male child .my parents convinanced but my husband and their parents did not listened and they asked for divorce. But i did not accept for divorce and i went to my fatherin law(mamaya) house with the help local people because my husband is working in pvt company and he is not giving the address where he is staying.now the problem is when i came to fatherinlaw house both my fatherinlaw and mother in law left the house to me and filled a false case on me and my family members that we throwed them out and the case is in hearing stage.and next my husband sent a divorce notice to me .now my father in law saying that house is my own property and who are you to stay here with your child . So please tell me i have rights on my father in law house or not for staying only in the period of my divorce hearing only ...and i lodged maintance (not maintance my child education purpose)on my husband only 20,000 out of his 2lakhs mon
Hello,
No. You don't have any right over occupying any portion of your father-in-law's self-acquired property against his wish. Contest the divorce case staying at your parents place and file DV case against your husband and in-laws for domestic violence and seek relief of alternate accommodation, protection order against your husband for stopping him from further harassment and also maintenance for yourself if you are not employed and for your child. Claim at least 50,000 as your husband is earning 2 lakhs per month. The court after hearing your petition will ask your husband to file counter and thereafter, inquiry will be conducted and orders for the above mentioned reliefs will be passed by the court. Your husband is legally bound to comply with the directions of the court. All the best!
No. You don't have any right over occupying any portion of your father-in-law's self-acquired property against his wish. Contest the divorce case staying at your parents place and file DV case against your husband and in-laws for domestic violence and seek relief of alternate accommodation, protection order against your husband for stopping him from further harassment and also maintenance for yourself if you are not employed and for your child. Claim at least 50,000 as your husband is earning 2 lakhs per month. The court after hearing your petition will ask your husband to file counter and thereafter, inquiry will be conducted and orders for the above mentioned reliefs will be passed by the court. Your husband is legally bound to comply with the directions of the court. All the best!
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Dear Client,
You received a notice from your husband for divorce. You may have his address particulars from that notice. As per law you have no right over the self acquired property of your father in law. If it is an ancestral property you may claim right of residence through your husband. You have right of residence only. You can proceed with the maintenance case till order is obtained by you.
You received a notice from your husband for divorce. You may have his address particulars from that notice. As per law you have no right over the self acquired property of your father in law. If it is an ancestral property you may claim right of residence through your husband. You have right of residence only. You can proceed with the maintenance case till order is obtained by you.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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Hi
In general you are entitled to claim a right to stay in your father in law's property.
However in your case, it appears that your husband has deserted/abandoned you and your son which are perfect grounds for you to demand residence orders in your father in law house.
Also since the husband's whereabouts are not known to you and your child, you can claim residence orders in your father in law's house.
Now with reference to the divorce notice, you should contest the divorce case proactively and claim substantial permanent alimony.
In general you are entitled to claim a right to stay in your father in law's property.
However in your case, it appears that your husband has deserted/abandoned you and your son which are perfect grounds for you to demand residence orders in your father in law house.
Also since the husband's whereabouts are not known to you and your child, you can claim residence orders in your father in law's house.
Now with reference to the divorce notice, you should contest the divorce case proactively and claim substantial permanent alimony.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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