Domestic violence
Suchitra
(Querist) 04 January 2016
This query is : Resolved
To,
Respected Seniors,
I have a query regarding DV Act.
Facts of the case are as below:
1. This case relates to economic abuse by the applicant's husband by abandoning her and her minor daughter (16 yrs.)
2. The applicant got married in 1996. She is having two kids, one daughter and a son.
3. Her husband is alcoholic. He does not work.
4. The couple used to stay separately and stayed in Pune also as her husband worked there as driver. She worked in some factory and then as a maid in the house.
5. In 2014, the husband returned back to his house and when the applicant wanted to stay in her matrimonial house her in-laws including mother in law, brother in law, sister in law all physically abused her and thrown her out of the house. She lodged N.C. against them.
6. Probation officer had filed the report in the court.
7. The applicant has filed the application and written statement is filed by respondent under Domestic Violence Act.
My Query:-
The house wherein daughter in law used to reside was of father in law. He is no more. The property is transferred in the name of mother in law.
In this case the husband is not working, neither is able to give maintenance as his advocate says he is having health problem. and there is a bar by Taruna Batra's Judgement that daughter in law can claim only house owned/rented by husband or the property is joint family property.
My query is can that house be called as joint family property? and if husband do not have his own house and is not earning and is not capable of maintaining the wife or give rent money what is the option left by wife in this case. Whether she will get any justice for such abandonment by husband and is surrounded by such legal bars.
Need guidance of all you experts so i request all you seniors to give me some solution.
Thanks,
Suchitra.
Nadeem Qureshi
(Expert) 05 January 2016
Dear Querist
the husband is liable to maintain the wife and child as well the parents, if there is no will of your father-in-law, then this property will be joint property. the husband is bound to provide a rented accommodation to you and your minor daughter otherwise he will be in jail.
Fight the case with the help of lawyer.
Feel free to call
Suchitra
(Querist) 05 January 2016
Dear Sir,
Thanks a lot for your reply. I gained confidence by your reply.
I am appearing for the applicant and i was little confused as to the concept of joint family property as there is a bar by batra's case.
In this case the property is not owned by husband and he is not able to maintenance so only option left for me to argue on is to show that it is joint family property. But was not able to understand whether this property can be as joint family property.
After giving it a thought i have decided to tell in court that as the father in law died intestate, as per inheritance all the members of family who falls in legal heirs (I) will have equal share. Means Mother in law, two sons and a daughter will have equal right in property.
So as the son is having right in property then daughter in law can reside in the house.
I hope this will work. Pls guide in case i am going wrong. I am a junior advocate and trying to learn. This is my legal aid case. I hope i am correct.
Thanks a lot,
Suchitra.
