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sunitha (house wife)     18 June 2012

Need your suggestion

This is my story: Please give me suggestion regarding what steps i need to take.

iam married before 7 years and we had a girl baby 3yrs old. ours marriage is loved-both family sides accepted-registered-intercaste indian-hindu marriage. Iam an indian citizen-Australian PR. My Husband and kid are Australian Citizens and OCI(Indians by birth). At the time of marriage my  husband had about 10L loan for his studies. After that he got all properties in his name only by  taking his earnings+my earnings+ child's bonus amount+other payments issued for the kid by australian government  in both the countries.  For the past 1yr, he with his parents giving mental torture for getting dowry from my parents for the property he is got in his name. I came to know their behavior and didnt give any money. He by asking his parents words and not willing to live with us. Currently we are in india and he is in australia. Even though i adjusted all his behaviors for the kid's future and not to ruin my family life, he with his parents trying to get rid of us. Currently iam unemployed, he is also not supporting for the family. When i asked him about the money i earned and kid's money, he want to speak about the settlement so that he can go for next marriage. kindly give me suggestion what rights we have in the property and how to handle situation ?



Learning

 6 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     18 June 2012

Ld Ashish is right.

sunitha (house wife)     18 June 2012

I earned around 12 lakhs and my kid's amount is around 10 lakhs. He transferred the amount from our joint account(Australian bank) to his account for getting property in his name. Is it possible to claim back that amount from him also. can you please reply?

Anjuru Chandra Sekhar (Advocate )     18 June 2012

Yes.  File S.498A and S.357 (3) Cr.PC., and complain that he and his family members took that amount by threat and coercion.  Show the proof of transfer of those amounts into his account through bank statements.  Also file for maintenance U/s.125 Cr.PC.

sunitha (house wife)     20 June 2012

My husband gone to this good position in his life by getting all my suggestion and advice and my support. I like any normal family girl, doesn't care about myself and my career (he wanted me to stay home mostly),  did everything for him and  he enjoyed his life like prince by making our life hard. i adjusted everything for kid's and my life sake praying god. Now immediately this person asking their parents words and trying to get rid of us after he came to good position. If i have the bank statement records for the proof of transfer from our joint account to his account and my salary details from the employeer(amount creditted into our joint account) , with that can i know whether myself and my kid can claim any rights in the property he bought in his name, because he not only used our money to buy a property but also ruined my academic life (even though both are equally qualified) by making me house maid and doing all his needs. iam asking this question again to you not in the point of money but in the point of rights/share that we can claim?. Because getting my money and coming out of him and filing case against him and his parents can be done at anytime as i have enough proof as they send me and my kid out of the property bought many times in the name of conselling. Also he is not supporting us and wanted me to go for work leaving baby with my parents care to fulfill our expenses. But he is getting still the payments issued to the baby by the australian government.  Also he wantedly bought the property in his name only before creating all these problems without my knowledge by sending me and kid to my parents house by creating false conflicts. But for the sake of kid's future as baby is only 3yrs & she loves her father(as she dont know anything about whats going on)i was keeping mum all these days and waiting for that person to realize his responsibility. If i be calm will they anyway use our soft corner for their sake? Also i wanted to know any rights, can me and my daughter can claim in the property he bought? please advice us.

sunitha (house wife)     22 June 2012

what does it mean " The Hindu Marriage Act,1955 -"maintainance 50% or 100% criminal"?

is it possible to file S.357 (3) Cr.PC., alone on him without going for divorce with the proof of money transfer?

 

 


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