entitlement of estranged wiife

My daughter was married in 2000 in Delhi. She had some moments of depression in 2001 after marriage and has consulted some psychiatrists at that time twice or thrice. But for this she has no medical history.

She got a job as teacher in 2001 at Srinagar and joined there. She lived there for four five years and got a transfer to Delhi to join her husband. She was visiting Delhi during vacations as her parents, husband and parents in law are in Delhi.

She was being ill treated using philthy words causing mental agony and put to hysical torture and making demands for goods and money

She got conceived and came to her home where her husband is staying the property of his father in 2003. The parents in law sent her to her parents home for delivery and then no one turned to see her. All the expenses for delivery were made by me as parent of the girl. A girl child was born in2003. At Some time after the child birth my daughter joined her matrimonial house along with her child. She was ill treated and beaten up and hence had to leave the house along with her child and come to per parents and then the child remained almost for the entire period up to five years of age with maternal grand parents’ house as my daughter resumed her duty at Srinagar. . My son in law, the father of the child has not even enquired about the child all along and had not spent even a single pie for the child either for education or far health or for any other purpose. My daughter took a transfer from Srinagar in 2007-08 to join her husband. But they were reluctant to welcome her. Some how she joined them. Again ill treatment started. At one occasion she had complained to the police and the husband has given in writing that he will not ill treat her any more and if he dose so she can file an FIR.  But again the drama of his behaving bad and on pointing out trying to behave well continued. On a quarrel he left the house where his parents, wife and child were staying in 2009 or so and was staying elsewhere without giving his address for about a year or so thus abandoning his wife and child but stealthily coming and seeing his parents. Then suddenly one day he had come home in the absence of his wife took away all the articles from the hose including Chula, lotas and window screens and his parents leaving only the four walls for his wife and child to stay thus completely abandoning them. They have also taken the silver that we gave to our daughter and some gold that she had purchased out of her own income. They are not giving them back when demanded

My daughter had also sent to her husband Rs 40000 or so by draft from Srinagar and had been remitting money to her husband though in return she did not get even a single piece of cloth or a pennyworth expenditure for her. We cant show any proof for the same now. The husband now says that he has paid it back to his wife

The 30 tholas of gold given to my daughter was lost by them in a theft where in the thieves opened only her almirgh and not the almirah of mother in law which was just by the side of her alimirah and in which also the gold belonging to mother in law and her daughters were there. They promised to make good the loss over a period of time But till today they have not got even a single gram of gold for her

My daughter has put her daughter in a residential school at Solan and spending about Rs. 1 lakh for her education per annum. Her husband is a central government official getting a salary of more than Rs.30000 per month and having fixed assets like car, motor bike and other things. His father is having a residential property where he is now staying along with his parents. On this property too he has spent money for renovation and building a room on the terrace etc and for furnishing.

My daughter was thinking very often to file a case under 498A or domestic violence ACT. I was dissuading her in the hope that situation may improve to the good and the marriage may not be broken.

It is also a fact that her in laws were demanding something or the other every time.

My daughter has applied for maintenance for the child for Rs. 10000 per month more than a year back and the case is pending in the court.

Now in Nov. 2010 the husband has filed a divorce petition saying that

            Wife was ill-treating him treating him cruelly

Wife was suffering from Obsessive compulsive Disorder (he has shown the visits to doctor in 2001 as proof and nothing else

Telling a lie that Wife has demanded that his father’s property must be transferred to her name and if the same is not done she would implicate them in false complaints and cases.

The questions now are

Will she get the maintenance for the child and if so how much she will get?

How far the petition of the husband for divorce is maintainable. What are the claims she could make in the case if divorce is to be accepted.

In case of any divorce by mutual consent what are the things that she is eligible for and claim for

Can she even now file a case under 498 A or Domestic Violence Act

Can she file a case under dowry ACT?

How she can get back her own articles in the custody of her husband and in laws

Can she get back the money that she had given to them and how

Can she get back the ornaments that had been lost and how