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PareshanPati (CEO)     28 June 2010

Culprit Mother in Law Help me

 

 

Hello There!

 

I am just one of the pareshan pati who is just fed up with the marriage. I seek advice and help for you all.

 

I have been married now for 1.8 years now and have a sweet daughter. The main reason for me to divorce my wife is mother in law. I have to write the whole big story but in short, her mother tried to inject bad things about my parents. The whole idea of my mother in law is that her daughter stays with her as her relation with her husband is equal to divorce.

 

My few questions are:<br />

 

1. Can LAW help me to force my wife to stay with me?

 

2. Our marriage is not registered can i file a divorce?

 

3. My daughter is a new born how can i get the custody of her?

 

4. How can i save myself if my mother in law files a case of dowry or violence?

 

I can share more details if needed. Please help

 

Pareshan Pati



Learning

 5 Replies

anitha (house wife)     29 June 2010


 

Sir i m anitha. My father is expired and i m the only child to my parents.My husbands name is K.ramakrishna. He married me by Hindu act on 3-12-1999. My mother-in-law and father-in-law has 7 children. Two Sons and 5 Daughters. My husband is the younger among them all. 4 daughters are elder, then my brother in law and then a sister-in-law and then my hub. My mother-in-law is the only one child to her parents. SHE DO NOT HAVE ANY BROTHERS AND SISTERS. My mother in laws mother was an Govt. Employee. She adopted my brother in law as her son so that she can give her job to him and did so before her death.She also gave her 400 sq yards house as a gift deed to her daughter and son in law( that is200 sq yard to  my mother in law and 200 sq yard to father in law). Now she is no more.And  My brother in law is an Govt employee getting good income. All of the sister in law have got married before my marriage.Here all of them are well settled but my husband has no good education nor income. My brother in law is very clever regarding the property issues and used to take many benefits from my in laws. Where as my in laws also supportes him and his wife all the time. And i has to bear all  the works problems like a servant. All this happend because my husband has no value for him at home. In 2001 they my Brother in law and sister in laws gathered together along with their parents faught with me spoke rude language against me in the absence of my husband and as soon as he came they said that further they are not going to bear me my hub and my daughter any more as our income source is low. Then we were staying in the same house but cooking was separate. But i have to do the whole work of them also. I beared many problems staying in the same house. My mother in law used to collect the rents and  maitain the tenants. And my brother in law used to stay along with my in laws with his wife and children and used to enjoy the rents along with her mother.My  Father in law is also a Govt servant and used to maintain all the house hold needs with his salary. When my husband asked them to give one portion rent for us family needs they refused and started saying that there are meny dues that they have to pay so they cant. Then i started going for job leaving my kids at my mothers house daily and picking them up.All of my sister in laws used to stay months and months along with their family, always parties in our house for them and buying gold and saries for them and my co sister too buut not a single pie for me. Like this happend till 2005. Now my Brother in law started planning to give the property to the builder for more luxurious life. He succeeded in his plan to convince his parents. Here my hub did not agree for this because he said that when he was in need they did not help him.But my brother in law has even convinced my hub in the absence of me and shewed him many dreams about the feature. At last Builder constructed 4 floor building. My brother was linked with builder and took some money as commission with his parents introducing 4 people as mediaters. The good will amount was been divided and gave to sister in laws .Even my brother in law alos took money with his mother in the absence of my hub. But I saw it. Then my hub asked his mother to give him some money to settle either in bussiness or personal requirement. They gave 50,000 Rs after a long struggle in front of 4 people. She took the same money back again with my hub in my absence telling him some stories so that he shud not refuse. At last they gave us 2 double bedroom flats and 1 3ble bedroom flat for us as our share and the same to my brother in law. All the properties are still on my in laws name. Now my in laws have decided to sell one flat from each of them to pay 1 lakh each sister in law as share and we did so.Now all of my sister in laws have received total 1 lakh each from both brothers. Now we are just surviving with my beauty parlour work and rents. But the rents here are very less , Children are growing and income source is very less. My brother in law has taken many benefits from the builder for interior works etc. Builder has stooped doing interior works what he has promised to do to my hub flat and diverted all the benifits with extra works to my Brdtr in law flats. Finally my hub fought with builder and has locked pent house that is Builders share to occupy that flat for the loss what he has done to us. Then my father and mother in laws enterd in the picture and asked my hub to give the keys to them so that they can survive with trhe rents as they have to buy medicines for them. And my hub has agreed for this and gave innocently. Then my brdthr in law ctarted enjoying with that rent too with the support of my in laws. After some time he was affected with Moto neuro dosease and suffered for 1 1/2 year and died in 2008 november 15. Now my sister in laws kept quite for 1 year and started creating problem for us with the support of my in laws n want us to go away from that place n suggesting my in laws not to write his will on our name till he is alive.

 

Sir i need ur help please suggest me what to do. I have suffered a lot from them at last they r not even allowing us to enjoy my in laws property. I have 2 children and i do not have much source to live.

 

Please clarify these questions of mine

 

1)  Is there no law for me to fight against the property

 

2)  If we could be able to write the will with my Father in law on my sons name does it have value?

 

3) If yes what should be wriiten in the will so that he cannot break it again and how should it be    

    written and where it should be written?

 

4) Cant i drop a case against them for what i have faced and still  facing? Do i have a freedom to live in my inlaws house r not?

 

 


(Guest)

Off the cuff to make u cheer up saying these;

1. Marriage is like "management" so apply basic fundas of Druker to what nots into your marriage since u r CEO as per your ID Im sure things may work out.


2. Im not sure what things your MIL is injecting about your parents and also to whom so no gyan on this sentence?


3. "Can LAW help me to force my wife to stay with me?"
Law says that a couple should live together always for which Law reconciles differnces of them, sends them for counceling, hints for mediation and if all these fails then advises on MCD and if this effort also fails then couple contest basedon points of Law and end of such IPL match, one party win to loose all those golden years with a emotional baggage till next button he / she hits so Law is helpful only upto that extent and it is only a wise couple who resolve or amicably split is the morale of story.

 

4. "Our marriage is not registered can i file a divorce?"
Based on Jurisdiction and cause of action yes you can file for divorce only if you want to follow that path and from LCI databse you may seek helps of wise divorce advocate(s).

 
5. "My daughter is a new born how can i get the custody of her?"
If conduct of your wife is on extreme side and on day one of hearing you can show that conduct then the daughter is all yours otherwise "wise parent = Court" says that wait till she is 5 years old and gives you a lollypop of visitation till then. See where you as a wise natural guardian like ot see next  years.


6. "How can i save myself if my mother in law files a case of dowry or violence?"
Colelt evidence of your innocence. Start with lovely neutral love letter to your wife askign her to join matrimonial home, follow this with sending regularly her some money for her and child's upkeep and so on so forth.

 
7. "I can share more details if needed. Please help?"
You are welcome to share only if you think it has come beyond a point of no return, since you are now blessed with a lovely daughter think of her too while making wise decisions.


ATB, Rgds.

adv. rajeev ( rajoo ) (practicing advocate)     29 June 2010

1.  You can force your wife to leave with you.  It is the duty of the wife to perform the married life with you, if she denied then your can file a petition for Restitution of Conjugal rights>

2. Marriage registration certificate is not necessry because you are nor denying the marriage.

3.You MIL cannot file afile dowry or violence case against you

4. At present situataion you will not get the custody of the child.  You will have wait for 7 years.

Arup (UNEMPLOYED)     29 June 2010

YOUR MARRIAGE NOT REGISTERED - OK.

BUT IS YOUR MARRIAGE DULY SOLEMNIZED, UNDER HINDU MARRIAGE ACT? WHETHER RITUALS ARE MAINTAINED, LIKE SAPTAPADI - ETC.?

"The main reason for me to divorce my wife is mother in law. her mother tried to inject bad things about my parents."    ------    YOUR WIFE IS NOT A TINY GIRL.  SHE SHOULD UNDERSTAND THIS LITTLE POLITICS.

SHE SHOULD NOT WASTE HER FUTURE.

1) PRAY 'RCR'

2) YES.

3) NOT POSSIBLE IN HER THIS AGE.

4) PRAY 'RCR' , THEY MAY FILE FALSE CASE, BUT YOU HAVE TO FACE IT - IT IS TRAGEDY OF MARRIAGE.

anitha (house wife)     29 June 2010

YES. MY  MARRIAGE DULY SOLEMNIZED, UNDER HINDU MARRIAGE ACT AND RITUALS ARE MAINTAINED, LIKE WITH ALL VEDA MANTRAS.

SIR

I WANNA FIGHT FOR MY RIGHT. AND I WANNA TEACH MY IN LAWS AND SISTER IN LAWS A LESSON.

THE REASON THAT WHY I HAVE TAKEN THIS DECISION IS THEY STARTED BLAMING ME THAT I HAD AFFAIRS WITH MY BROTHER IN LAW AND NOW WITH MY SISTER IN LAWS HUSBAND. WHY? WHY? WHY SHOULD I? THEY EVEN SAID MANY TIMES THAT MY DAUGHTER IS NOT MY HUBS BLOOD.SHE BORN TO SOME OTHER PERSON. WHERE AS HERE I HAVE TOLERATED ALL THIS . ANY HOW MY HUB IS WITH ME ALWAYS BUT CANNOT STOP ALL THESE TO HAPPEN AND ALSO CANNOT SPEAK TO HIS PARENTS AND SISTERS TO STOP ALL THEASE. HE JUST WANTS ME TO BEAR ALL THEASE.

I DO NOT WANT TO HARM MY HUB. I TOLD HIM EVERYTHING THAT I AM NOT GOING TO KEEP QUITE NOW.

AND NOW ONE MORE QUESTION FROM MY SIDE IS

IS MY (LATE)BROTHER IN LAWS WIFE AND CHILDREN WHO HAS BEEN ADOPTED BY HIS GRAND MOTHER HAS THE POWER TO GET SHARE IN THE PROPERTY.?


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