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UMy parents had a troubled marriage. My father was verbally and physically abusive toward my mother and he sold/pawned her jewellery under the guise of supporting the family. My mother, who had quit her job during her pregnancy, was left financially drained. He eventually left when I was around 7, and they were separated for nearly a decade.
My mother and I were shifted at my maternal grandparents’ home after he left us as we couldn’t pay the rent. Recently, due to external pressures, we had to relocate from my grandparents’ house to a rented house again. My father used this opportunity to beg his way back into our lives, claiming it was his right to live with his daughter. My mother reluctantly allowed it. It has been about a year since he started living with us.
In the past year alone, he had troubles us in many ways
∙ One of his mistresses called and verbally abused my mother
∙ He has continued extramarital affairs, he recently traveled abroad with the same woman, under the pretense of a business trip
∙ He repeatedly demands money from my mother, threatening suicide and blackmailing her emotionally
∙ He secretly sold a village property that my mother had bought using her own pawned jewellery, and used the proceeds to settle his mistressMy mother wants to divorce him. She has no property under her name and is seeking to recover her jewellery, money, and compensation for the sold property. We also want to formally cut ties and have him removed from our lives.
I just need to know a few things, those are
1) What legal options does she have to recover the property and jewellery?
2) Can the secret sale of the property be challenged?
3) What grounds does she have for divorce and damages?Extra context: the property was unfortunately under my father’s name. We have proof of his extramarital affair. The proof of my mother lending him money is available as well.
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ULawyer here. To answer your question, you should immediately file an FIR for criminal breach of trust as regards the jewellery. If there is proof of lending, a case can be filed under section 7 of the family court act for recovery of money as well as cancellation of the sale of property.
You can contact me if you need any advice regarding this.-
UWhat can be considered proof of lending? We have proofs of my mother wearing the jewellery in her wedding pictures and proof of the jewellery being pledged at the bank.
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Ahi advocate this side,
Your mother appears to have strong grounds for divorce based on cruelty, abuse, and adultery. She can also seek maintenance, compensation, and recovery of jewellery or money if proof exists. The property sale may be challengeable depending on evidence showing it was bought using her funds. Keep all proof safely including affair evidence, bank records, chats, loan proofs, and witnesses.
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