Hi,
Why don't you file cases of criminal trespass, breaking and ransacking of house against her and her family members? She can't claim any right in parents or your property except protection orders in DV case.
Rights of wife in property
I hv filed divorce case and in return I am facing false dowry case. Behavior of my wife towards family member is too harsh and voilent. She is trying to trap my father in false rape case. She has broke all CCTV cameras installed in house. Hv a look at her language on whatsapp below- [00:03, 10/5/2018] Ranju: Dogla lite katne par chedkhani karne aata hai ....kamina nhi btaya abhi ka taza khabar nhi btaya kamina [00:03, 10/5/2018] Ranju: Aap ko kuchh Han han jaese Tera baap bhidhawa ko rkhata hai.....kutta aur phir bhu ko lite katne par jabardasti karne aata hai kutta Karamjali re....police ko kyin nahi bulaya re. [00:08, 10/5/2018] Ranju: Ishliye kutiya par 2 mahina baat karke chhod diya Mera to gunda Mila rkheal palne Wala ishliye ab Tera hoga n bhache dekhati hu ab hm bhi Abhi dogla baat Kar rha hai kisi se Are hm pdane jate hai....kamine ke aulad She calls me "Bhaiya" now days. This is how she talks always. My family live locked in a single room in 5 story building.She has occupied one complete floor with her family members and locked the room which we were using. She has captured all our home appliances like fridge, washing mashing etc which were bought by my father long ago. Also trying hard to break my sis marriage which is scheduled in coming months. Now days I also abuse her. Its impossible to live with her in same house. My father doesn't let me come in that house as he is afraid of breaking anticipatory bail bond of dowry case. She might hurt herself again n blame me. Father is thinking to sell the house which is in my grand mother's name. I also want to sell property which is in my name. I want to know her rights in those property (Ancestral & another one is bought by my father in my name). Can she object in selling those properties? what action can i take against her for her behavior. Also i want to install CCTV cameras in house but how to stop her from breaking them? Will those whatsapp talk work as evidence against her? I m jobless because of her false dowry case but she has filed statement that i am earning around 1 lac/ month and asked for maintenance of 50000/month. Is it possible?
Asked 5 years ago in Family Law
Religion: Hindu
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11 Answers
1. Your mother 9if she is alive) and sister should file a DV case against her and also lodge a police complaint against her for illegally taking away their appliacvnces for her sole use.
2. As per Indian law, she is not entitled to claim any share of the property owned by her husband or inlaws during the lifetime of her husband.
3. Your father, who has inherited the house from her mother, can file an eviction suyit against her stating that her husband being yourself does not stay at that house.
4. Your father and yourself can also sell of your properties which will be perfectly legal.
5. You sdhall have to contest her maintenance case fittingly by engaging a lawyer having expertise in ghis field.
1) wife has no share in ancestral property
2) she only has right to stay in property standing in your name and can obtain injunction restraining sale of property standing in your name
3) what s app messages will help you case
4) deny that you are earning Rs one lakh per month
5) mention that you are jobless
6) you can install cameras in living room of house
No she has no right in your self acquired and ancestral properties.
She cannot raise any objection and no objection is maintainable.
You can register a police complaint against her, and further it is better to stay away from her.
Sir if she breaks them record same and further produce it before police in complaint and in cases if any filed or pending,
Yes it will be useful.
No it is not present your bank statement and current employment detail on affidavit. if not employed then she want be given such maintenance.
It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .
No she does not have a right in your self-acquired or ancestral property, and she most certainly has no right in your parents’ property. You have nothing to worry about on this count.
The Whatsapp messages (their printed copy to be precise) can be filed in the court so long as it is accompanied by a certificate under Section 65b of the Indian Evidence Act.
If as you say she is lying and you don’t earn as much or don’t earn at all, tell the court as much. You essentially need to deny that you have the sufficient means to provide maintenance and point out that she has the requisite means to support herself or the necessary skills to work. Also, make it a point to stress before the court that she is lying in case she makes any patently false statement on oath about your or her financial situation. In case she makes a false averment, she can be prosecuted for perjury.
I hope that answers your question. Follow-up questions welcome.
1) She is not entitled any property share till you're alive. And she won't get any share in ancestral property till your father and you are alive. So as of now you can sell both the properties.
2) Regarding CCTV cameras you install and inform in tbe police station if those are broken again. You can fix camera in such a position that if one camera is broken it can be seen in another camera.
Keep contesting the divorce case strongly. Produce transcript of this conversation of hers before the court, with the courts permission.
She has no claim in your self acquired property.
She can't object to the sale of both of these properties, because she's not a having a claim in these properties.
Your mother can institute a DV case against your wife.
You can't pay any maintenance if you're unemployed. File an affidavit in the court saying that you are unemployed. Move an application for perjury against her.
Your wife has no right in your ancestral or self acquired property during your life and and cannot claim any share in it.
The best you can do is that you can contest your divorce case against your wife for her actions and prove her actions in courts.
You can also file an application under section 340 of the Indian penal code for the offence of giving false evidence in Court against your wife as she is making false statement that you are earning Rs.1,00,000 every month.
You should not worry about her false statements in court as the court would not grant her maintenance based on her statements and would actually verify it first before granting any amount.
1. Under present law a wife has no share in the property of her husband, much less in-laws. Her only right is the right to reside in the shared household of her husband during the subsistence of marriage.
2. If the house is owned by your father then he can file a suit for eviction of your wife in the competent civil court.
3. Watsapp conversation can surely be led in evidence, so preserve the phone on which it was done.
4. Even jobless husbands have to maintain their wife.
She cannot object or prohibit you or your father from selling your respective properties.
If she is behaving in a violent manner, you may lodge a complaint against her with the police against her acts of violence, cruelties and criminal intimidation etc.
You can capture her acts of breaking or damaging your property by a video or through your mobile camera and give a complaint against her for damaging your private properties.
For police complaint that may be a supporting evidence.
For maintenance payment you may have to prove your unemployment and refuse her claim.
