For giving maintenance to doughter-in-law, father-in-law's property can be consider?
Guest
(Querist) 04 December 2014
This query is : Resolved
My Queries are:
1.Is it necessary that Property Documents should contain husband's name,instead of his father's name for granting maintenance?
2.on assumption only that she(wife) might be working somewhere,can magistrate reject interim application?
P. Venu
(Expert) 05 December 2014
What is the truth? Are you working?
Guest
(Querist) 05 December 2014
i m not working anywhere,though i m an MBA,but still searching job n giving competitive exams(in banking sector). we filed F.I.R.Sir,My parents are so worried,now they can not afford expenses of legal proceeding.Sir i have tell u every incidents which has happened with me. Please suggest what should i do??
ajay sethi
(Expert) 05 December 2014
1) if you are working you are not entitled to maintenance .
2) you can seek right to stay in matrimonial home or alternative accommodation
3) rely upon evidence if you have any in support of your case that husband is earning Rs 80,000 a month
4) you can also make application calling upon husband to produce his income tax returns
malipeddi jaggarao
(Expert) 05 December 2014
Ask your parents to engage an advocate and file DV case and 498a, 125 cr.p.c. If they are in a position to bear the expenses, contact the legal cell in the district court who will provide you advice/assistance free of cost. You can seek assistance of some women organisations who will come to your rescue.
Guest
(Querist) 05 December 2014
Sir, i had applied to collect evidence regarding his income n property,and magistrate also had gave me 1 date to collect.in between we have searched property tax paid details n receipts which were in his father's name,we have shown in our application that non-applicant has income of Rs.300000/-per month from tenents n other income of rent,kirana shop,dairy product shop, having landed property to the amount of Rs.3 crore 50 lacks(Approx).
but sir yesterday magistrate said these documents can not be considered while granting interim because properties owner is his mother not he himself. and husband's lawyer said he is labor n earns 3 to 4000/-only,magistrate believed also without asking him to proof that he is really earning such amount. i m not getting why magistrate favoring him,he often came according to his convenience,n
i m attending each n every hearing date with my parents, that does not mean anything to the Court.
malipeddi jaggarao
(Expert) 05 December 2014
Unless the property is in the name of your husband, the income from the properties of family members cannot be considered as his own income and the Magistrate is right in his observation. Fight the case on merits and as you have already engaged an advocate, he will guide you properly. Keep trust in him.
Guest
(Querist) 05 December 2014
thank you so much Sir for clearing my doubts and for suggestions.
sir one last doubt is here,that my father had fixed my marriage on the basis of father-in-law's properties and father-in-law was also agreed upon these facts that we will take care of her,everything which we have,is our son's only.
1.Can my parents apply to the court,considering these points that we have solemnized our daughter's marriage on the basis of father-in-laws property n with his consent also?
(which is the real fact)
Rajendra K Goyal
(Expert) 05 December 2014
The property and income from the property in the name of your husband would only be considered. Income Tax return of the husband would be a good acceptable proof for income. Can be called from IT department through summons.
Husband has to prove that you are employed if you have denied the fact.
Guest
(Querist) 05 December 2014
Goyal Sir,Thank you so much!
and many thanks to,
Venu Sir
Sethi Sir
and
Jaggarao Sir.
ajay sethi
(Expert) 05 December 2014
thanks for your appreciation
T. Kalaiselvan, Advocate
(Expert) 09 December 2014
From your statements, it appears that your husband very clearly manipulated that he is not possessing the property nor derives any income from them though the fact is otherwise, but law needs evidence to prove your allegation which you will not be able to provide before court, therefore you have to contest with whatever evidences in your possession cursing your fate. Alternately you can demand right to residence.
Guest
(Querist) 09 December 2014
2.sir am i entitled to get maintenance u/s 18 of Hindu adoption and maintenance Act 1956?
Guest
(Expert) 09 December 2014
Is this a Pass Time For you Posting unworthy Queries
Guest
(Querist) 09 December 2014
Sir this is not a pass time for me.
if i am asking some queries to the experts then i think its my duty to tell each n every fact,so that i will get correct solution from them. i apologize if i posted unworthy queries.
Anirudh
(Expert) 09 December 2014
Dear Deepa,
Ignore this good for nothing fellow.
Unlike others, who keep quiet (i) either they do not want to answer, or (ii) the matter cannot be answered in this forum without going through the documents and discussing in detail or (iii) it is not their field of expertise, THIS GOOD FOR NOTHING FELLOW EVEN WHEN HE DOES NOT KNOW, SIMPLY DISMISSES THE QUESTION ITSELF AS PASS TIME.
Forget him, other experts have already answered your query.
Guest
(Expert) 09 December 2014
Blood Pressure and Sugar to be Tested since Hyper Tension is Visible in Anonymous.
Anirudh
(Expert) 09 December 2014
DON'T WORRY.
YOU STAND THOROUGHLY EXPOSED OF YOUR FALSITY AND IGNORANCE!!
TRY FOR SOME FIG LEAF.
Guest
(Expert) 09 December 2014
Anonymous are Ignored in LCI.Bye
Anirudh
(Expert) 09 December 2014
HARE HARE, HOW CAN YOU ESCAPE SO EASILY MY DEAR? ARE YOU GOING TO GET SOME FIG LEAF?
YOU GOOD FOR NOTHING, SO MUCH FOR THE PROFILE - ESPECIALLY AFTER SEEING YOUR UTTERLY FALSE PROFILE.
V R SHROFF
(Expert) 09 December 2014
LET COURT DECIDE DV CASE..
You will get something..
But not worth to be wife of such person, so quit as early possible...
Don't pawn to money .. it is useless.
