My mother divoce
Aamir
(Querist) 14 March 2013
This query is : Resolved
Hi my parents where sapareted 37 years ago, My mother is living with me right now, My mother has
filed a case in (1976) which judgement came in my mother's favour in my father has to pay Rs.
75\month to my mother and Rs.25\moth to me.
1). We have filled a case against my father of phsyical harresment which he has done to my mother
76yrs ago and for right in his property.
And we lost this case ( the judgment came that a wife cant file case against his husband after so
many yrs and the judge have menthined some supreme court judgment).
2). Can we file case for the recovery of the amount 75 and 25 which is in the order.
3). Can I or my mother claim rights in my father property????
What can be done if my father has put property in the name of his second wife or kids.
He have never helped\talked me or my mother in 37yrs.
People like this should be punished.
Please menthion islamic law which can be aplicable on my father.
ajay sethi
(Expert) 14 March 2013
your mother ought to have taken steps for recovery of arrears of maintenance .why did she not take any steps for 30 years?
as his wife your mother was enttiled to maintenance . considering the inflation amount of rs 75 per month is peanuts .
your moher can make application under DV act for right to stay in shared household and maintenance .
Raj Kumar Makkad
(Expert) 14 March 2013
Rightly advised by ajay that your mother should file DV Act case and should demand shared house, maintenance and stay against sale of his properties. If your father has transferred his all self acquired properties in favour of his second wife and kids, you can get nothing but if the same has not been done then you are legally entitled to inherit at par with other kids and your step mother. Your real mother is not entitled to have any share in the properties of your father except maintenance and shared house at par with the status of your father.
