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AK (SE)     30 August 2013

Right to live in house after seperation/ divorce

Sir/ Madam,

My Father has been very insensitive, abusive, cruel, and aggressive towards my mother, me (daughter) and my brother since always. This year things got out of control on many occasions and we even had to take police interventions many a times because of his violent nature against us. My mother has filed a case for legal separation from him on the basis of cruelty in marriage for more than 25 years. The case has just started and we only had counselling sessions where things didn’t work out because he didn’t want to compromise the way judge suggested.

I am working but earning only enough to educate my brother and fulfil our household needs, including all the bills, grocery, and every other expense. My mother has spent all her savings on a venture that she has started with a colleague, but it has not started yielding any profits. We do not have much savings. My father is living in the same house, using and even wasting everything and is not paying for any of the bills, not even the school fee of my brother who is minor. He is making us suffer by increasing financial burden on us.

He wants us to vacate house, as it was purchased by him but was registered in the name of my mother to save extra taxes. Since we do not have any place to go, we cannot vacate the house, which leaves us to suffer the atrocities that he brings on us. Now he has filed another case against me and my mother with all the false accusations wanting us to vacate the house. My questions are:

1.     Since we have one case going on in the court which has just started and will eventually cover everything including the House, how legitimate is the new petition filed by him?

2.     What are the rights of a wife who has spent her 25 years in the service of this man and did not get any respect in return rather who wants her vacate house knowing that she does not have any place to go?

3.     What are the rights an unmarried daughter to reside in the property of her father (against his wish)? 

4.     What are the rights of a minor son in this case?

 

We are very worried and troubled as to what to do. Please help.



Learning

 1 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     30 August 2013

Dear AK,

not to worry as house is in your mother name your father cannot disposseses her . If Your mother wants she can dispossess him as flat is in your mother name . As a Daughte till you are married it is the responsiblity of father to take care in that case if you want your mother  can file Domestic Violence case  for  maintainance  case against your father . Where he will have to pay maintainance to her . Dont worry your mother cannot be dispossed by your father .

Regards,

Adv. NIKHIL SETH 

Mumbai 


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