Hi. I m Deepak from Patna.I have filed divorce case and also fighting a false dawry case in Patna. Wife is living in my father's house not with me. I m living separate from them. My wife is so abusing towards her in-laws and me....doesn't leave single opportunity to abuse. She has captured almost all home appliances bought by my father and were being used by them. She even steals there clothes. She puts garbages on their door and corridor. She pours water from her part of stairs.She has capture 2bhk flat on 1st floor in my father's house. My parents sisters stays in single room on ground floor. She makes chaos everyday. Abuse us, curse us, blames father for molestation. We had installed 4 CCTV cameras but she broke 3 of them. She had asked Rs 50000/month as maintainace by falsly stating that i m working in an MNC and earning 60k/month, I have a peice of land frm which i am earning 15k/month, frm house rent i m earning 45k/month and from ancestral fields i m earning. All these are totaly false. On 3rd Jan 2018 Bihar police reached my office in Delhi to arrest me. I had to flee awaway an later i was asked to resign. From that day i m jobless, not earning a single penny. My father and sister are giving money for livlyhood. We had submitted same reply against her maintainance application n were contesting the same. But today morning I got court judgement to give her 9000/month applicable from July 2018. Date on judgement is 28 Feb 2019. Court order states that I had left job from Reliance which proves I m highly educated and can't sit Idle. Yes I had to leave my 1st job also because of the nuisence she was creating and because of mental tourters she was giving to my family.We had also stated she is teaching in a school and earning well for her livlyhood.But for this court asked for a proof. I m not willing to give her this amount.In fact I am not able to give. She is living in my father's house, using his household, tourturing them, and now getting money from us to fight case against us.not acceptable. Wt r my options? -Can we ask her to move out of my father's house? -Can we file case to get our appliances back? -How could court asks proof for my statement but accepted all false facts without any document about my earning stated by her on affidavit? Wt can i do for this? -father thinking of to sell that house but she is threatening him. Can she prevent him legally frm selling his house?
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One correction. That house is in the name of my grandmother. My father is 3 brothers and 3 sisters. Can my wife ask for her share in that. Also wt r the chances that court-order can be changed in higher court?
See your father can ask her to move out, father can de a suit seeking permanent injunction against her on entering in property.
Yes father can file police complaint against her.
You can file a revision/appeal as per order of the court and can challange the order of the court.
No she cannot take any step to stop your father from selling the house.
do you have any kids?
from the facts available I can suggest you to
1. ask you father to initiate domestic violence proceeding against your wife for causing mental abuse to them, they can also file a case to evict her before the tribunal under maintenance and welfare of parents and senior citizen act, or they can simply make a police complaint against her, but before doing any action collect some evidences like video recording, chat etc
2. read point 1
3 the maintenance fixed is interim only, now fight for the permanent and submit as many documents as you can
4. as the property is in the name of grandmother, and her six children (three son and three daughters) have an equal share in it, therefore, she can't stop your grandmother to sell but she can claim share through your kids if any
On grand mother demise your father and his siblings hav e equal share in the house
2) you and your wife have no share inthe said property
3) your father can seek court orders to direct daughter in law to vacate portion of house in her possession
4) they can sell the house without your wife consent
You can file writ in HC against order of maintenance
2) gather evidence of wife income
3) engage a detective agency in this regard
4) produce your last 3 years income tax returns as to your income
-Yes, your father should serve an eviction notice upon her, followed by a suit for eviction.
- This will be covered under the above.
- File a reply to her maintennace petition. If required file an appeal against the order by means of which 9000/-pm maintennace has been fixed.
-No, she cannot stake a claim over this property. Father, together with other legal heirs are free to sell this property.
Wife not having any share in this property.
Dear Sir,
No, Your wife does not have to right to claim the share in the property of you or your father. It is better to sell the house to any body.
Don't worry, you can appeal against the order before the Patna high court.
In case after getting the order you find that the order is for lump sum payment and you have difficulty in paying the money together ,you can file an application in court praying for amount to be paid in installments.
After getting the order u can also file an appeal to the High Court against order ,which will involve further expenses for you and if High Court also finds that your wife has no independent income ,it may not interfere with order passed against you and you will have to pay the amount to your wife.
On final decision of family court for maintenance amount to be paid monthly ,the amount paid by you in lump sum will be deducted and you will have an option to challenge the final order of maintenance in High Court ,if the same appears to be excessive considering your monthly income and expenses.
If that house is her matrimonial house then you cannot. You can file case for appliances. You can object to the said affidavit by filing documents if your income is not correct in the wife's affidavit. Yes she can pray for non creation of third party rights for that house
In grand mother property all siblings including your father get equal share.
If a house exclusively belongs to a father-in-law and his son is living separately, the daughter-in-law has no right to live in the house.
Your father can sell the said property without consent of your wife.
Yes, your father can issue a legal notice to her to vacate the place and then file an eviction suit also besides filing an injunction suit against her to restrain her from interfering in your father's possession and enjoyment of the property.
You can but will it be possible?
You can prefer an appeal against the court's judgment on this.
She cannot prevent your father from selling the house.
You yourself do not have any rights over that property during the lifetime of your father hence she cannot even imagine about claiming any share in it.
Hi,
You are suggested to file the appeal in the High Court for setting aside the order. Your father can file case against her for illegal possession and eviction thereof. You may also file criminal cases through your father for doing criminal actions by her of stealing, abusing, beating etc. The Higher court may change the order of family court after considering all the facts and circumstances.
