relief for a wife from an estranged husband

Querist : Anonymous (Querist) 19 March 2011 This query is : Resolved
respected experts
what can my mother ask for, from her husband who has deserted her breached her trust. can video recording of his being with another woman be of help? he has sold ancestral property in december 2010. what can my mother claim of the few crores he has got. he has been abusive and we have witnesses. we children are all adults, how do we help our mother's case?

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Arvind Singh Chauhan (Expert) 19 March 2011
Your mother can file complaint against him Under DV Act and may claim monitory relief, and may seek different type of protection orders including against alienation of property under Sec 18 (e). Video recording is admissible in evidence.

Querist : Anonymous (Querist) 19 March 2011
thank you sir. cn my father say tht he has wasted the money? he has a pdc amountng abt 3.5 crores dated 20.3.2011. will he b accountable. can he be msked to accout for the money he got or can he simply say he has wasted it and deny relief

G. ARAVINTHAN (Expert) 19 March 2011
As of today, the DV Act is the only big weapon used against these type of gentlemen.

Complaint can be lodged and interim orders to be obtained

Querist : Anonymous (Querist) 19 March 2011
thank u sir tht we'll do.there's money involved. he has sold our ancestral property. cn my mother claim her share? cn we his daughters married n 2 unmarried make him pay? and if he says he hs spent the money ,hw wll it be recovered?

DEFENSE ADVOCATE.-firmaction@g (Expert) 19 March 2011
Very difficult if he has no money left.

Querist : Anonymous (Querist) 19 March 2011
thank you. cannot the court ask him th details as it is not easy to spend crores in a few weeks? cannot he be asked to prove the spending?

Jitendar Kumar gupta (Expert) 19 March 2011
in ancestor property you all brothers are also co owners. file a suit against your father so that he cannot sale the property anymore. ask your mother to file a maintenance petition as well petition under DV act to get the right in shared household. If you want to ask further information/advice call at 9868529732

Ghanshyam Mishra (Expert) 19 March 2011
your mother has got various remedies under different laws.Embargo can be put on him by which he will not be able to create 3rd part interests.You have your own rights in all the properties ,except self acquired.File appropriate partition suit.Even in self acquired properties your mother must have something as they could have been mad by your father with her help after marriage.

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