• Regarding streedhan,ancestral property,self aquired property and permenant alimony

Hi i am 34yrs old and my wife is 30yrs.I come for a agricultural background.I have a separate businees.All the property are in my mother name.Part of is ancestral property and rest of property is self aquired by my late father.I have house in name. I was married for 2 years.My wife has deserted me.We dont have any children.Now my wife and her family member are demanding for one crore + 10 acres of esaste+house.They are harassing me and my mother now. Its been 1.5 years.She got a job and drawing
salary around 40000.What are best thing i can do
Asked 6 years ago in Family Law
Religion: Hindu

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17 Answers

Your wife has no right in your or your mother's properties.

She can only claim my money maintenance from you, if she is  unable to support herself from her own income.

No need to succumb to her requests.

File divorce on grounds on cruelty.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Avoid there claim and file application in family court for restitution of conjugal rights. Wife deserted her husband not entitle to maintenance.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1) no need to bow down to pressure tactics 

 

2)  wife has no share in your ancestral property

 

3) no need to pay her 1 crore and 10 acres of land 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court.

Your wife do not have any rights over either property. self acquired or ancestral property. She can claim only maintenance or alimony. Nothing to worry.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

1. she can file any case as she likes
2. this RCR will dilute the seriousness of her cases
3. if she doesn't join with you as per the court order within one year then that will become the ground for you to apply for the divorce

.You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a  petitioner; summon by a competent court ;  and order by a court to the spouse who left her matrimonial duties without sufficient reason.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

In order to file a case on grounds of cruelty, you will have to produce documentary evidence to show that your wife's give your not at all harmonious and you and your family had to suffer a lot due to her actions.

 

A case of theft can be filed against her with the police, if she has stolen jewellery from your house.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

First of all a spouse does not obtain any right to the property of his/her partner spouse by marriage during life time of partner spouse even after divorce. He or she can claim maintenance alimony after divorce if unable to maintain himself or herself. 

To strengthen your case you can file a petition for restitution of conjugal rights wherein your spouse will be needed to show valid reasons for not agreeing with the conjugal right proposal and for withdrawing herself from your society.

If your spouse fails to proof to the satisfaction of the court you can further file a divorce petition stating all facts and all efforts made by you. Here chance of payment of any alimony would be very less.

Do not worry about payment of lumpsump huge amount or giving away with your property. 

It is always advisable not to go for any out of court settlement because it may actually in turn cost more and put you into more trouble.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You can file section 9 RCR  if she not contest then court may award you exparte RCR. execute this RCR decree on her and if she does not return to cohabit with you within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree. If she does not appear during the proceedings the divorce decree can be awarded ex-partee. 
She cannot claim any maintenance while you file such divorce petition nor would she can claim alimony. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Hope you have lodged a complaint before the local police informing about the fact that your wife has left your house without your knowledge and consent. Now audio/video record the conversations with them wherein they are demanding the said amount.

 

2. You should now lodge another police complaint against your wife anmd inlaws that thay are harassing and blackmailing you threatening you to lodge false complaint unless you pay them the said amount.

 

3. Thereafter file a divorce suit on the ground of cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Illegally blackmailing you demanbding huge amount of money threatewning you that they will file false case/complaint against you in case you refuse tom pay the said amountb is considered as an act of cruelty.

 

2. Divorce suit can also be filed after two years of desertion.

 

3. However, you can not claim back the jewellery and articles you had gifted to her which will be considered as her Streedhan.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Illegally blackmailing you demanbding huge amount of money threatewning you that they will file false case/complaint against you in case you refuse tom pay the said amountb is considered as an act of cruelty.

 

2. Divorce suit can also be filed after two years of desertion.

 

3. However, you can not claim back the jewellery and articles you had gifted to her which will be considered as her Streedhan.


1. Illegally blackmailing you demanbding huge amount of money threatewning you that they will file false case/complaint against you in case you refuse tom pay the said amountb is considered as an act of cruelty.

 

2. Divorce suit can also be filed after two years of desertion.

 

3. However, you can not claim back the jewellery and articles you had gifted to her which will be considered as her Streedhan.


1. Illegally blackmailing you demanbding huge amount of money threatewning you that they will file false case/complaint against you in case you refuse tom pay the said amountb is considered as an act of cruelty.

 

2. Divorce suit can also be filed after two years of desertion.

 

3. However, you can not claim back the jewellery and articles you had gifted to her which will be considered as her Streedhan.


1. Illegally blackmailing you demanbding huge amount of money threatewning you that they will file false case/complaint against you in case you refuse tom pay the said amountb is considered as an act of cruelty.

 

2. Divorce suit can also be filed after two years of desertion.

 

3. However, you can not claim back the jewellery and articles you had gifted to her which will be considered as her Streedhan.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Yes you can file divorce on grounds of cruelty and oppose the application of alimony

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

See you can bargain on amount if they settle at reasonable amount then you can settle otherwise can file a case of divorce contested on ground of cruelty and can file a police complaint for intimidation for false cases. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See on jewellery she has right it is stridhan she can take same. On ground of cruelty like she is harassing , voluntarily deserted not performing marital duties, demanding huge amount and intimidating for false cases.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Jewellery given to wife at time of her marriage is her streedhan 

 

you cannot claim said gold and jewellery 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Dear Sir,

You can file divorce under Section 13 (1) (ib) on the ground of desertion under Hindu Marriage Act. She is not entitled for any alimony or share in the properties as she is earning enough to maintain herself. Be informed that a wife is not entitled for a share either in ancestral properties or in self acquired properties. You will succeed to get divorce on the basis of voluntary desertion of your wife. You can also make issue out of jewellary which was given to her and in this regard you have to produce some affidavits of your relatives etc. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Since your wife has deserted you or abandoned the matrimonial home voluntarily  without any valid reason you can refuse to pay her any amount towards maintenance or even one time settlement.

Moreover since she is employed and drawing a handsome salary, she may not be eligible for maintenance.

Also she cannot claim any share in any property that belongs to you or your ancestral property at least not during your lifetime.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

The gift given to her during marriage belongs to her as her stridhan, legally you cannot claim that, however if you have proof that belongs to your mother then you may lodge a criminal complaint for theft of the items.

Discuss with your advocate and move on

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

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