Divorce option

Querist : Anonymous (Querist) 14 October 2011 This query is : Resolved
Hi,

My friends father has been threatening his mother and his wife of 21 years with divorce.
His father has no job and all his life has worked for only a few months a year.He is also addicted to alcohol and has been forcing his wife to sell her jewelry since the past few months since my friends grandmother expired.
He lives in a flat left behind from his grandmother.His father wants to sell the flat so he has money to retire on.

I wanted to know whether his mother has any option of legal recourse to ensure she is not left destitute in old age.
What kind of legal help can she hope for?

Thanks in advance

Follow Query

Report Abuse

mahendrakumar (Expert) 14 October 2011
before proceeding further,I suggest to take him to a deaddiction centre as the alcholism seems to be the main villain here.

Shonee Kapoor (Expert) 14 October 2011
What is the owner of that flat, which he threatens to sell.

To stop him from selling it, your friend can just put a civil injunction on whatever ground.

In the meantime take the father for de-addiction and psychological counselling.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 14 October 2011
Husband of your friends seems to be owner alone of the flat on passing of his mother.He then has legal rights to sale it but a charge
can be created upon it for maintenance of his wife and minor children by suit in civil court which can be filled for three years past to future togather with injunction alleging his alcoholic addiction and irresponsible behavior. Problem of paying court fees can be met by moving an application of getting declared indigent.

Advise of experts to take him to treatment
for de-addiction and psychological counselling is a prudent advise worthy of following and may prove fruitful.

ajay sethi (Expert) 14 October 2011
the mother can file a complaint under domestic violence act against her husband . she can claim maintenance , right to stay in shared household .

act before it is too late as because of father alcoholism flat will be sold of .

Arun Kumar Bhagat (Expert) 14 October 2011
In my view application under domestic violence act will serve all the purposes in a very prompt and cost effective way.

M.Sheik Mohammed Ali (Expert) 14 October 2011
yes i do agree experts query reply

prabhakar singh (Expert) 14 October 2011
@Mr.Sethi N@Mr.Bhagat!
While i agree entirely that DVAct proceeding would be speedy and cost effective.

i have doubt to share with you that
Suppose wife gets an order under DVAct as right to stay in shared house ,then does such an order shall create bar on ownership rights of husband and any sale made thereafter would be void because of such an order???.

Arun Kumar Bhagat (Expert) 14 October 2011
Yes,the order of the Magistrate will be " Respondent is restrained from disposing,alienating or creating any charge of whatsoever in nature in favour of any third party in respect of the flat no............without the leave of the Court".I have secured this order in one case."

prabhakar singh (Expert) 14 October 2011
Then certainly it is not only speedy but efficacious too.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries