• Divorce

Hi,

This is mannat i got married in may 2010 i have given birth to baby boy on July 2012 my husband left me at my mothers place for my recovery and promised me to take back after 15 days then he has one step jija and step sister who doesnt want my husband and me to live happily because he has an eye on my father in law property and doesnt want my husband family to be settled. and my father in law is also very possessive about his son and always do misunderstanding between us. when i wanted to come back at my home my husband along with his mom n dad ran away from his home and didnt told me anythin where they are. and after so many requests he didnt turn on. then i lodged a complaint on police and then he came back after 1 1/2 months and since that day he is telling that he dont want to live with me and want divorce. my family and me told many times not to do this with me and our son but stil he is so influence with this father dat he is not listening me and now he is telling he is disonwned by his father and cannot give me alimony while he has many properties and money and have a huge business of distributor please advise what to do i have also done section 9 case. how can i take rights of my son and me as his father disowned everyone.
Asked 3 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
Hello,

Thank you for posting your question.

Your right to get maintenance and alimony is absolute and does not depend upon your in-laws disowning your husband. You may file an application under section 125 Cr.P.C. and Protection of Women from Domestic Violence Act, 2005 to obtain maintenance and compensation from your husband for you as well as your son.

In addition to this, your son's right in the ancestral property of his father sustains, hence your your son cannot be ousted of his right in the ancestral property simply by his father getting disowned.

So, the right course of action for you is to file appropriate applications under the above mentioned Acts and start getting maintenance. Further, in case your in-laws are trying to dispose of the ancestral property(ies), then you may file a civil suit on behalf of your son to protect his rights.

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
32 Consultations
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You have taken a right step in filing a RCR petition under section 9 of HMA. You also file an application in the same proceeding to claim interim maintenance for you and your son. You can also file a petition under section 125 of CR.PC  for maintenance. Claim of your son as advised by Adv. Nishant Bora shall depend upon whether the property in the name of your FIL is ancestral or self acquired. In the amended HMA the grand son does not get a right into the property of his grandfather on his birth.
H. S. Thukral
Advocate, New Delhi
526 Answers
141 Consultations
5.0 on 5.0

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