- This topic has 20 replies, 5 voices, and was last updated 1 year, 4 months ago by
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UHi,
So I have been married to my husband for the past 25 years.We have been fighting a lot lately.
Because of our fights,my in laws filed an eviction case(Summary Proceedings) saying they need the house because they are ill(House is in my FIL’s name) and they don’t have anywhere to go(Not true,they have multiple crores of rupees and multiple properties as well).Eventually at the order stage,they realised they were about to loose the case so they decided to withdraw the case.Now my husband (having upwards of a few tens of crores of rupees) is planning to sell the house(I have been staying there for the past 25 years) and says he will desert me and live separately.I don’t have any money (around 5lacs in total)because he has never given me any and I am worried if he sells the house and deserts me,where will I go.
What are my options and what all cases can I file to stop him from selling the house(I have matrimonial rights in that house and living there since marriage).
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SCalm down, dowm. You do not have to worry about anything. You are married, and it is your husband’s responsibility to provide you with everything, including things you do not need (legally).
Eviction and everything else is a bunch of nonsense designed to keep you quiet.
Next time they threaten you, just tell your father and FIL, “Just sell the house and I will make sure you have to sell every property for alimony and also make you spend the rest of your life in jail (for domestic abuse) and also dowry (I am assuming they must have taken gifts from you (I am not supporting fake dowry case)).-
UThey are not just threatening,they have put the house on sale(got to know from a property dealer who stays in the neighbourhood).I don’t want to send anyone to jail nor do I want to file fake cases.I just want to protect myself and don’t want to be left homeless
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SI have already answered your question in the first few lines.
Your husband is legally obligated to provide you with the same lifestyle that he will live, and he must fulfill all of your needs and desires if he is financially able. Even if you want a Mercedes for fun, your husband is legally required to buy you one because of his tens of crores in net worth(just saying ,you don’t have to do it)
In many cases, courts have ruled that wives can live the same lifestyle as their husbands. I hope this helps you relax.India places a lot of value on women.
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PNAL, Since you have been married for 25 years so I would recommend you to file only for maintenance in which court would see the income status of both parties and grants interim maintenance initially which would give you the safety net using which you can rent an accommodation so you don’t have to be dependent on your husband or his house anymore. And can live life independently by doing a job for your own benefit.
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U25 years is a lifetime!
The real question you need to be asking yourself is – Are you prepared to fight dirty if your husband does underhanded things (like sell the house, desert you and goes off to live a life of luxury)?
Or in the words of bollywood-watching India: eenth ka jawab, pathar se?
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UI don’t want to fight dirty.Just wanna protect myself.My child is studying abroad and he is currently providing financial support to the child.
One of my friends had given me a reference for a lawyer.He says filing an injunction won’t help because the property is in the name of the in laws.He told me that I can file a DV act which would include a residence order but the residence order cannot stop them from selling the house.
Question is “Will I be able to get a stay if I file an injunction even if the property is owned by the in laws”?
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PNAL, Fighting dirty would be to blame husband or in laws for things which they didn’t do. So don’t go into those. Just base your plea for your genuine needs. And explain to court that they are planning to sell the house and if it is sold then you would not have any home to live into.
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UOk.So according to you I should go ahead and file for injunction even if the property is owned by the inlaws ?
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PYou have a right to live there and they have the ownership so it is up to the law to decide what is the right approach. As per my knowledge If they are senior citizens then court would grant them in their favour otherwise they could grant in your favour too. But you would not be able to get the ownership of house or right to sell it. The only thing you would get is the right to residence in matrimonial home.
Now that I think more about it, If your husband or in laws sells that house and leaves that house then it’s your duty to go live with your husband where he is going to live next. but, since he would not be giving you that address out of spite then you can create this as an issue in court to live separately to get maintenance.
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ULooks like you may have to go the 498a-route on this. Because even if they sell the place, which they are allowed to if it’s in their name, the court will hold your husband responsible for providing housing for you – there are conditions that the housing must be of the exact same condition, value, status, etc.
On the lawyer search, if you’re getting a referral that’s fine but you need to know that lawyers in India are routinely bribed by the opposing party to either omit submissions to the court, submit wrong docs (delay tactics), or outright submit the documents the other party wants. Your legal strategy is disclosed as well.
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UI don’t want to fight dirty.Just wanna protect myself.My child is studying abroad and he is currently providing financial support to the child.
One of my friends had given me a reference for a lawyer.He says filing an injunction won’t help because the property is in the name of the in laws.He told me that I can file a DV act which would include a residence order but the residence order cannot stop them from selling the house.
Question is “Will I be able to get a stay if I file an injunction even if the property is owned by the in laws”?
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UI was told that a DV act can get me a residence order but it cannot stop them from selling the house.I will have to file an injunction which my lawyer is reluctant to file since he says that the property is owned by the in laws and it will be difficult to get a stay on the property.
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PYour lawyer is correct. You can go to court and ask that since your husband is not telling you the address as to where he is staying therefore you are bound to be living separately And Court may then grant you maintenance.
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