Rights of a responsible spouse in the property of husband who left the family irresponsible
SAILAJA
(Querist) 03 July 2014
This query is : Resolved
Dear sir,
Please let me know how may I help a mother who is eager to bring up her children and give them a good life.
Her husband was a central government employee and took VRS 8 years ago. He was not working since then but kept spending this money for selfish reasons keeping his family away from the money. He was living with the family(with spouse, 4 children: 2 daughters and 2 sons). He was up to no good to the family reason being he was a sadist, self-obsessed & always ill-treated his wife and children very badly since their childhood. The family had to bear his cruel behaviour only for the reason that he might change later atleast & give good education to the children and perform their marriages at the right time. But after his VRS to left the family taking away all the money. Even his relatives doesn't know his whereabouts.Moreover he is not a one women man but always suspects his wife and his children to defame them in the society and thereby cover his mean behaviour with the family.
To be very frank His wife and children are well-mannered in the society & due to their hard work have earned a good name in the society and grew au accordingly. They never let the neighbours know of the worst situation they were facing so long. Becoz just to safeguard the respect that they gained so long.
Now his wife and her children are living in the same house left by the man half built. The relatives are not sound enough to help them financially. The children since childhood are very hard working and got educated themselves in a school. they have been doing part time jobs to meet their needs. Now they grew up. The family members extended and completed the half built house. But unfortunately the house was in their fathers's name as earlier. Their mother wants her 2 daughters to get married in good family as they now grew up. She needs money for marriage expenses. But she is left with no money.Money which sons earn just enough to run family daily.
Sir, Please let me know if she can get a loan on the house they are living in order to get her daughters married which is her priority now. Also, Can she part with the property to all the family members to protect her's, daughters's & son's right in the house. She claims that her husband might even deceive by giving ownership of the house to some other(s) with whom now he is living with. people say he is enjoying his life without taking responsibility of his wife and children.
Sir, Please help the family and his wife who is struggling to give her children a good life atleast so that they won't be on roads when the deceiver man returns home with evil reason to make children and wife homeless.
Sir, please help the family answering to this email at the earliest as the mother is becoming sick frequently due to family tensions. Plz help help her by letting her and her children know of their rights over the man and his property..
Eagerly waiting for the reply of your goodselves sirs! Thanking you once again sir!
Devajyoti Barman
(Expert) 03 July 2014
The man is still liable to maintain his wife and unmarried daughters for which he may be brought to books.
But the problem is his untraceable status. Unless the summons of the case if filed by the wife for maintenance is served upon the man for which his current location is needed there is no point in filing case.
Better file suit for declaring him as civil dead so his property can be divided among his legal heirs and could be sold off to meet the debt and other monetary requirements.
Rajendra K Goyal
(Expert) 04 July 2014
Find out if he is drawing his pensions of government department and if yes from where.
The notice can be served accordingly.
If he was eligible for pension, the same can be attached.
ajay sethi
(Expert) 04 July 2014
agree with Mr Barman since he has not been found for over 7 years file suit for declaring him dead
malipeddi jaggarao
(Expert) 04 July 2014
Too long query. The essence is that the wife wishes to sell away the property to meet the needs of children and husband is irresponsible and presently not traceable.
As Mr.Barman suggested above, file a declaration suit declaring the person as dead (if 7 years are over from the date of obsconding) so that the property will devolve on the legal heirs and they can deal with their share as they deem fit.
P. Venu
(Expert) 04 July 2014
He was a Central Government employee. His pension would have been authorised for payment through a Bank. Pl, find out the details from the concerned Bank.
Kumar Doab
(Expert) 04 July 2014
If he is drawing pension and is giving 'Life Certificate' to the bank then he is not civil dead.
He is owner of the house and no one other than owner can avail loan................Also which bank shall grant loan against property that is not owed by applicant for borrowing.
Find out details from his dept./bank and demand maintenance.....
T. Kalaiselvan, Advocate
(Expert) 05 July 2014
If what you stated is to be taken for granted,in my opinion, the views and opinions expressed by expert Mr. Barman seems to be more effective and appropriate, you may give a try to it, consult a local lawyer and take his further advise on the subject.
