Hello,

You and your child is had the right over the ancestral property of your husband. Yes, you should seek status quo for the same.

Regards

Hello,

you can file a suit on behalf of the child to claim the share in the ancestral property. 

Regards

It can't be attached now but you can seek injunction in the same as it can't be sold or third party rights can't be created without your knowledge and consent

Kindly clarify on what basis you say it is ancestral property 

2) property which has remained undivided for four generations is ancestral property 

3) if it is ancestral property then file suit for partition for division of property by metes and bounds 

Ancestral? Dose great grand father purchased the property, if yes than you can file partition suit to claim your child share and stay from court to not to alienate the ancestral property.

Separate civil suit will file.

1. See you may file an application in family court only to add the property and provide stay on transfer of same. 

See you can file an application before family court also and separate suit in civil court may be filed based on the right of you or your child in the property.

U should file maintenance case under section 125 crpc.Domestic violence section 3 & 4 do not give orders for maintenance. It is under section 20 DV act. And for ancestral property only ur child is the heir apparant. So as a natural guardian of d child a separate civil suit should be filed. 

- As per law, you are not having any right over the property of your husband during his life time , but your child can get share in the ancestral property ,i.e. if the property which has remained undivided for four generations.

- However , you can claim your residential right from your husband under the provision of DV Act, which you have already filed. 

- Yes, you can file a civil suit for partition being the natural guardian of child , and further stayed the selling the same to the third party as well. 

- Further for claiming maintenance , you should file a petition under section 125 CrPc. 

Hello,

1. Since the property is ancestral even if it is alienated, your child can stake claim any time.
2. However it is possible to file a separate civil suit and obtain an injunction against alienating the property.

The ancestral property cannot be attached. Your husband's income and property belongs to you. Ypu cannot have a right over your father in law's property and ancestral property.

You should file for maintenance and a lump sum amount for litigation expenses. 

1. As per Indian law, wife and children will have no claim on their husband or father's property whether self acquired or ancestral  but can claim maintenance.

2. However, to secure the payment of maintenance amount to be decided by the Court against application filed, attachment of properties of the husband/father can be prayed for but if the value of one property attached is enough to secure the maintenance for the wife and child, then Court might not allow attachment of the additional ancestral property.

3. However, you can add those ancestral properties in your OS and pray for their attachment also.

1. You can seek attachment of his proper ties for securing the maintenance of yourself and your child and not for his future.

2. If the value of the property is already attached is enough to ensure that from the interest of its ssle proceeds both of your maintenance can be met, then you need not spend monet for filing aditional fresh case to attach his ancestral property.

3. You can file an application for amending your plaint in connection with the OS already filed by you for adding the details of his ancestral properties for attachment.

Yes...

Go ahead for the ancestral property 

Dear Madam,

Your child may file separate partition suit and injunction not to alienate the properties may be taken. Better you file 125 CrPC case also which is more effective to get more monthly maintenance for you and your child. In DV case the following may be invoked to dispose the case and interim maintenance within limitations.

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If we really excise our constitutional rights by approaching the High Court then Domestic Violence Case has to disposed within Six  months, I am not lying the reality is in the following provision at fag end, please file WP in HC and get order of Mandamus against the Magistrate, accordingly:

1. Application to Magistrate.—
2. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:

Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.

1. The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:

Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.

1. Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.
2. The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.
3. The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.

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In case of Divorce also Six month outer limit is provided under law:

“Section 21-B of the Hindu Marriage Act provides for an expeditious trial — to be concluded within a period of six months. However, the disposal of petitions before the trial courts take many years,” the court said.

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It is in the hands of LITIGANTS how early they wish to conclude, it may be a request or by approaching the High Court ......For your kind information the relevant news its are below. Hope you will appreciate this information and award me fifth rank..

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Law deadline 60 days, cases stretch for years

AHMEDABAD: A resident of Shahpur , Shabanabanu Shaikh , filed a case in January 2009 under the Protection of Women from Domestic Violence Act, 2005, against her husband Mushtaq Shaikh . The protection officer submitted the 'domestic incident report' within two weeks.

The court concerned began proceedings — which the law stipulates must be concluded in 60 days — but has not yet taken any decision on her application for maintenance. The next hearing is scheduled for November 26.

The case of Bapunagar's Farzana Saiyed is no different. She too had filed in 2009 an application for maintenance against her husband and for shelter at her in-laws' house. Five years later, she is a widow and her case is still pending.

Most of the cases filed under the domestic violence law follow this grim pattern. It is the section 12 of the Domestic Violence Act which lays down the proviso that a magistrate will endeavor to dispose of every application within 60 days from the date of the first hearing. But that deadline is seldom maintained.

In fact, Dinesh Sharma, an advocate, says: "There is not a single instance of a domestic violence case, in my knowledge, that was completed within two months in city courts, unless the quarreling parties reached a compromise." Sharma says the format to be adopted by courts for these cases comes from the Criminal Procedure Code. "And criminal lawyers know ways to defer such proceedings," he says.

Another advocate, Imtiyaz Pathan, says that courts deal with DV cases in the same manner as they would handle other criminal cases. "There are some magistrates who give adjournments of more than three months in proceedings," he says.

The delay in court proceedings is the result of grave deficiencies in human and infrastructural resources to deal with women's complaints of domestic violence. Kashmira Kapadia is the only protection officer in Ahmedabad district, which receives more than 1,000 complaints every year. "Ideally there should be six protection officers in this district to expedite the processing of domestic violence complaints," she says.

Earlier, based on a TOI report, the Gujarat high court had taken suo motu cognizance of the issue and had ordered the state government, on February 22 last year, to fill vacancies and create infrastructure in protection officers' offices across the state. The vacancies are yet to be filled.

Times View

The Domestic Violence law makes it incumbent on magistrates to settle a case in 60 days. The reality is that often adjournments of two months are won by defence lawyers. This is a travesty of the law, especially since it lays down a deadline unambiguously. The law was created to offer speedy redress. So domestic violence cases should not be treated like any other litigation.

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High Court wants divorce cases disposed of in 6 months

Directs trial courts to ensure speedier granting of alimony and maintenance to the ‘weaker spouse’.

Taking note of the undue delay in granting maintenance and alimony in divorce cases under the Hindu Marriage Act, the Delhi High Court has directed the lower courts to ensure that the trial in the matrimonial dispute cases be completed within six months as prescribed by the Act.

“No standard uniform practice and procedure is followed by the courts,” noted the court of Justice JR Midha, adding that in most cases, the provisions for interim maintenance and permanent alimony under Section 24 and 25 of the Hindu Marriage Act were not being utilised.

“Section 21-B of the Hindu Marriage Act provides for an expeditious trial — to be concluded within a period of six months. However, the disposal of petitions before the trial courts take many years,” the court said.

“This is matter of serious concern. It was certainly not the intention of the law that parties to a dissolved marriage suffer further misery of starvation in the absence of grant of alimony,” the court said.

Observing that most people resorted to “parallel proceedings” under the better known maintenance provisions under Section 125 of the Criminal Procedure code, the court noted that parallel proceedings took more time and deprived the weaker spouse of maintenance.

The maintenance provisions under the Hindu Marriage Act apply to both spouses, meaning that the husband can also claim maintenance from wife at the time of divorce in case it is proved that he does not have sufficient income or assets.The directions have been issue after the court decided to hear nine separate pleas for maintenance filed by women whose husbands had filed for divorce.

The court noted that the disposal of cases had taken a long time, with the oldest of the nine cases dating back to 1996.

The court in its order has now directed that the spouse who files for divorce is required to file his or her affidavits with details of income, assets and expenditure, as required by Section 24 of the Hindu Marriage Act, at the same time as the divorce plea, if they want to claim maintenance.

The respondent party should also file their affidavits within 30 days of the notice being issued, the court said.

Further, in order to protect the spouse who is the respondent in divorce proceedings, and is usually the party which claims maintenance, the court has said lower courts could consider directing the petitioner to deposit money to be paid to the respondent as litigation expenses.

The court has also prescribed that the affidavit and counter affidavit on income must be filed within six weeks of notice being issued on a divorce petition.

“If the disposal of maintenance application is taking time, and the delay is causing hardship, some ad interim maintenance should be granted to the claimant spouse,” the court said.

The court also said the time-table prescribed should be followed for all cases of maintenance under the Hindu Marriage Act, Domestic Violence Act, Hindu Adoption and Maintenance Act as well as pleas under Section 125 CrPC.

The district courts have also been asked to file a report on the implementation of the time-table and on whether the suggestions have curbed the delay in matrimonial cases.

you can file a partition suit to claim your child's share and stay/injunction from the court to not alienate the ancestral property.

1. Yes you should file suit as next friend and guardian of your son to claim his share from ancestral Land of his father. 

2. You should also make application for interim relief of stay on alienation of property.

Respected mam...

It would be better if you file a civil suit for that ancestral property as until and unless you got stay order for that they have right to sell that property and if once they did you have to fight a long for that so it will be quite better for you to file a civil suit at private stage your DV case and case of 498 will run concurrently that will create no issue so it will be better for you to file a civil suit for the protection of that property

Thank you

If it is actually ancestral property then your son is entitled to a share out of his father's share in that property.

You can file a partition suit  seeking his legitimate share in that property by impleading your husband, his parents, siblings in the partition suit.

You can also obtain temporary injunction in this partition suit restraining the defendants to not to alienate the property in any manner till the disposal of the main suit.

Yes, that is what was advised to you in my previous post.

You may have to file a separate suit seeking partition and separate possession of his legitimate share in that property out of his father's share in that property.

1. If your child has a share in the ancestral property as on today then he can file a suit for permanent injunction through you to block the alienation of it.

2. You are free to file a separate civil suit.

Please check the origin of the said "Ancestral Property" i.e., if it is not divide continuously for four generations, then you can file suit for partition of the same.  If it is not, you cannot.

Contest the OS against which you got stay, and that, if the said property is self acquired property of your husband, he can deal with it according to his wish.

No point in contesting the same.  However, since you got stay, you can proceed with it.

You better concentrate more on maintenance case, and that, you can also file application under Sec.124 Cr.P.C.

Madam,

You may file the suit being natural guardian of the child. 

you can file partition suit on behalf of your child. 

yes you have to file separate suit for partition in ancestral property . 

Dear Madam,

Yes, you can file civil suit in Civil Court and get injunction order restraining them from selling or disposing in any other way.

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D

See it's only the fourth generation which can claim rights in the ancestral property but yes you being the legally wedded wife can claim the right of residence in the property and that you should certainly take up....

File suit for partition for claiming your child share in ancestral property