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Advice on divorce and mother's property-urgent

Hi All, My wife left 3 months back taking gold, money, all educational certificates and we asked her to come back and she is telling I will never come and when she was with me she did poison to me mixing in tea and snacks I have proofs also , she was harassing me to take 20lakhs LIC Policy put her name as nominee, buy gold, land on her name I convenience her so many times but she didn’t listen my words. she did so many things like this and I didn’t inform to my parents and her parents also because she was telling me if you inform to our parents I will go for suicide then I got scared didn’t inform to their parents. Now we decided if she wants to come back we are planning to ask agreement like if anything to her and me she is responsible to all things if she is agree we are ok to take back if not we are planning to go for Divorce. Our marriage happened in Dec-2012 and completed 9 months.

Questions

1.My mother is having two houses on her name and Is my wife has any right on my mother property (As per new marriage amendment act? This property my mother had received from my father’s father. Please advise

2.What precautions can we take to save my mother’s property as per new marriage amendments law?

3.If my wife agreed for conditions we are ok to take back if not we are planning to go for Divorce. Now am not at all interested on my wife ( am getting scare because after coming here she can do anything if not also she can do but some what I can save my parents some future false cases ) Please advice.

4.I have proofs for poison mixed in tea and snacks and hospital receipts. Can I take any action on this? Please advise

5.My wife’s father given warning to me if you come to our place we will kill you for that I have voice recordings and email proofs for that. Can I file any case on them?

6.Please advise if am taking right decision or not, if am wrong please advise.

Please advise on above questions and Thanks for ur valuable time and thanks for quick response.

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2 Replies

Tajobsindia (Senior Partner ) 29 August 2013

Originally posted by : Venkat
	XXX Questions 1. My mother is having two houses on her name and Is my wife has any right on my mother property (As per new marriage amendment act? This property my mother had received from my father’s father. Please advise Take: No, your wife has no rights over your mother’s registered name properties. 2. What precautions can we take to save my mother’s property as per new marriage amendments law? Take: No precautions necessary as a widow’s inheritance she has ‘absolute’ rights over to them. 3. If my wife agreed for conditions we are ok to take back if not we are planning to go for Divorce. Now am not at all interested on my wife ( am getting scare because after coming here she can do anything if not also she can do but some what I can save my parents some future false cases ) Please advice. Take: Conditions cannot be put in such events. Read daily minimum 50 discussions in various forums concerning matters of Family Law and make notes and those are precautions that you and your side needs to take. A pocket edition of do’s and don’t’s cannot be prepared and distributed as each brief comes with their own peculiar set of evolving or past facts PERIOD. 4. I have proofs for poison mixed in tea and snacks and hospital receipts. Can I take any action on this? Please advise Take: Those proofs are nothing as no MLC prepared by attending medical personals is my view. 5. My wife’s father given warning to me if you come to our place we will kill you for that I have voice recordings and email proofs for that. Can I file any case on them? Take: Yes but the moment you file retaliation may take place from their side. But Law says the person who is aggrieved comes first to seek shelter from Law. Make a wise decision after self helping studying basics of Law from past discussions then only act in asked direction. 6. Please advise if am taking right decision or not, if am wrong please advise. Take: "There's many a slip twixt cup and lip". Understand the meaning of the idiom and evolve your brief r/w cause of action henceforth / accordingly.

Shantilal Pandya ( Advocate) 29 August 2013

Nothing much to add in in the opinion of Mr. TojobsIndia except to say that If you dont prefer to file complaint against the threats from your in laws,you can utilise the matters recorded by you by way of defence to an anticipated legal action that may be filed against you subject to its relevancy .