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kiranmayee (software programmer)     05 December 2011

Divorce and child custody

I am 34 years old. I got married in nov 2007. Ours is arranged marriage. Since then my husband is not doing job. He is a fraud. He told us wrong salary at the time of our marriage. He has all bad habits. At the time of marriage he told us that he don't have any bad habits. For getting marriage only he has worked 2 years in software company. Immediately after marriage he had resigned to his job. More over he is harassing me for my salary. He wants to put my salary in his joint family. Already my dowry amount they have used in joint family. 1 year my salary they have used in joint family. So i came to my parents house in Aug 2009 when i was pregnant. We have one son which is 2 years and 9 months old. Even they have income on agricultural lands, Till today he and his family members did not pay a single paisa to me and my son for our maintenance. Moreover they are asking my salary. With all these mental tensions i am not able to do the job now. So i decided to resign the job. If he does job he gives his salary in joint family. He won't pay me and my kid. His(my husbands) elder brother asks my husband's money if he earns anything by saying that ours is joint family. you should give your salary like that his elder brother also harrassing me. Moreover before our marriage, his elder brother got signed 2 empty stamp papers by my husband 13 years back to blackmail us. 

 

 

Now i decided to take the divorce. They have ancestral properties of 16 acres of agricultural land which is in the name of my mother-in-law. My mother-in-law has 3 sons. My husband is second son. There is no property in the name of my husband. So my husband threatening me that "do whatever you want to do. We will not return your dowry amount. I will not do job. You will not get maintenance also as i am not doing job. You cannot get single paisa from me as no property was there in my name" like that he is threatening me. My life was spoiled by marrying such irresponsible person. Actually i am suffering from severe back pain. I am not in a good health condition to do job. but i have no money and no way to survive myself and my son. That's why i am doing job now. We are living seperately since 2 years. My husband is not interested even to see our son. He has not seen my son since 2 years. My husband is money minded. Due to this harrassment, Now i decided to take the divorce. Will i get my dowry amount back? Now my mental condition is not good. I cannot do job now. Can he pay the maintenance for me if i take divorce? Since the properties from my husband side are ancestral properties and those are in the name of our mother-in-law Can my son get the share from that ancestral property? If so how much share he will get from ancestral property?. If so when can my son get the share if i take divorce. I am getting mental tension with all these circumstances. Please give good advice on the following things if i take divorce.

1. Will his elder brother will be punished for blackmailing us.

2. Can i get my dowry amount back

3. Can i get maintenance for me and my kid.

4. Can my son get the share from ancestral property. If so when he will get that share.

Please advice. I am not able to decide what to do. If in case if i proceed legally, can i get justice.

 

Regards,

Kiranmayee



Learning

 7 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 December 2011

At such belated stage?

 

Difficult very difficult.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sandeep Naik (Advocate)     06 December 2011

Madam

Every dark cloud has silver lining. So there is a solution for every problem . You will succeed. You will get justice though little late after fighting hard legal battle.

Adv. Sandeep Naik (Advocate from Bombay HighCourt )

Mob : 99670 56980

Email : sandystorm_1995@rediffmail.com

kiranmayee (software programmer)     15 December 2011

Thanks for your advice.

can  u clarify me the following things.

 

1. Will his elder brother will be punished for blackmailing me.

2. Can i get my dowry amount back

3. Can i get maintenance for me and my kid even my husband not doing job.

4. Can my son get the share from ancestral property. If so when he will get that share.


Regards,

kiranmayee

kiranmayee (software programmer)     15 December 2011

 

can  u clarify me the following things.

 

1. Will his elder brother will be punished for blackmailing me.

2. Can i get my dowry amount back

3. Can i get maintenance for me and my kid even my husband not doing job.

4. Can my son get the share from ancestral property. If so when he will get that share.


I came to know that wife will get 50% of share from husband's property (either it is ancestral property or self acquired property). Can i get my share from my husband's ancestral property as my husband does not have self acquired property.


Please advice the above things as i need to proceed legally.

I have been cheated and neglected by my husband and my in-laws for the sake of my salary.


Regards,

kiranmayee

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 December 2011

 

 

1. Will his elder brother will be punished for blackmailing me.

I don't think so

2. Can i get my dowry amount back

You can try

3. Can i get maintenance for me and my kid even my husband not doing job.

Yes, you can

4. Can my son get the share from ancestral property. If so when he will get that share.

If I remember the discussion, it is the property which mother acquired which by its nature is not ancestral, so NO

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

kiranmayee (software programmer)     16 December 2011

 

Thanking you for your reply sir.

Please clarify me the below things.

1. We have given 10 lakhs excluding marriage expenses. Marriage expenses are 5 lakhs which was spent by my father. My marriage was done 4 years back. How much will i get back? Will i get dowry amount with interest. They have not spent a single paise on me and my son after my marriage. They have took my salary. 

2. The property belongs to ancestral property. Actually the property is my mother-in-laws's grand father's property. He wrote will on the name of my mother-in-law. She has no daughters. All are sons.

My son is one of the grand son to her. As my son is one of the heir to the ancestral property and as the property is ancestral property Will my son get his share if i took divorce? If me and my husband are living together then i know that my son will get his share. 

3. My father-in-law has some ancestral property which he got from his father. Will my son get his share on this property also?

4.I came to know that wife will get 50% of share from husband's property (either it is ancestral property or self acquired property). Can i get my share from my husband's ancestral property as my husband does not have self acquired property.

Sir, i am not money minded. Due to the bad treatment after my marriage from my husband and my in-laws i am checking for the financial security to my son. Sir, the problem actually here is,

My mother-in-law has three sons. my husband is second one. Her elder son took the maintenance of joint property. He expects every one in the family to follow his sayings and every body should give their earnings to him. His wife is working as lecturer in college. He is doing some brokerage and real estate works. They are saving their money and they are developing themselves. They are not putting a paise in joint. But here the situation is, he (brother-in-law) spent my dowry amount in joint family. He is asking my salary and my husband's salary (at the time of marriage, my husband has job) in joint. He is harrasing, threatening and blackmailing me and my husband that if you don't give your earnings in joint family you don't have share in joint property. Upto now we have given our earnings in joint family. If we need any money he is not giving a paise to us. We are suffering a lot financially. But he and his wife are saving their money and they are using earnings from joint properties also. Every time they use to take all the salary amount from me. Even my husband also supporting his brother. Due to this situation, we are quarelling right from our marriage. It been 4 years since our marriage done. So now i decided to take divorce to save me and my son from that money minded family. Now they are saying your dowry amount was used in joint and we won't give any money to you. And your son will not get share in our property like that they are saying. They are gained with my marriage and i have everything lost with my marriage. Moreover, my husband is not doing job since 3.5 years. He is harrasing me for my salary. Total joint family members are 12. They are not talking with me. They had left me since 3.5 years due to my salary. Even my husband doesn't come to see my son. All are avoiding me. I have suffered a lot mentally and physically.

If marriage fails, the punishment goes to women. The men side they are happy and enjoying by doing second marriage leaving the children of first marriage. They are not taking any responsibiltiy. Women is taking responsibility of children in all ways including financially. They are not paying any penality for spoiling my life. Even they are not settling the amounts related to first marriage. Is any law supports this?

Please advice me based on the above things.

Regards,

Kiranmayee.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 December 2011

These questions would be decided during trial and based on facts.

 

There are no set rules.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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