• Divorce settlement and sharing of property

I am christian ,married in 1995 and have two children 17 and 15. i was working abroad once i came on leave wife filed 498a together with DV and return of dowry in family court against me and my old mother. i got bail in 498a and now i came back to India then she filed a false violation of protection order in DV( no injury ) then me and my mother got bail in that too. she got an order of residence while she filed DV and now she is staying at my home as she told court the she want to live with children and she will look after them properly so court issued an order but later she came our home then she refused to withdraw cases and make things worse starting harassing all of us and give a maintenance petition more on that. I would like to know what precautions can be taken to stop her filing more violation cases . She had a fight with my mother while i was away and then mother was been admitted in hospital and they reffed it to police and they took case. Be it possible I can make a petition on this ground to shift her residence from my home. some divorce settlement talks are going on but she is asking for money and to put my property in children s name. if i give it on children's name what precaution can take not to sell it even after they become mature, because her motive is to get the money and after she will kick them out her brother behind her giving all the support to get money. As christian family does she or children have any right on my ancestral property in my name and what about in my own property bought by myself. This ancestral property which transferred to me from my mother recently and after that she  attached it with return of dowry  and i didn't get any dowry and i have the evidence that the ornaments she had is with herself. be it possible to return back to mother. what we can do to screw her brother as i know he had lot of corrupted activities like tax evasion as he is a real estate broker.
Asked 4 years ago in Family Law from Kochi, Kerala
Religion: Christian
Dear Client,
Your mother should take necessary legal action against her for her terror . Your wife should respect to your mother as  an old elder lady of the family and senior citizen. Your mother can file plice complaint against her under different offences committed by your wife. Your mother also can file Domestic Voilence case against your wife. You are advised to approach High Court under section 482 crpc to quash her cases filed against you and your mother. Further you are advised to approach any NGO or family counselling center  to resolve the issue amicably.You can file complaint against your brother in law with Income Tax Vigilliance Director about  tax evasion and you can also file complaint against him before Anti corruption Bereau. You can file a WRIT petition for necessary inquiry of his assests and his offences of corruption through CBI.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultation

4.5 on 5.0

Hi, you can settle the matter amicably and ancestral property your children has right over the property and as far as self acquired property no body has no right title or interest  and during the settlement you may insert a clause that till the majority of your children  property can't be sold to third parties.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1) since property is owned by you court has awarded her right to stay in matrimonial home in DV case 

2) in DV case you can offer alternative accommodation . you should mention that wife has tendency of making false allegations and indulging in fights with family members 

3) you should record all such conversations which will help in proving that you and your mother are victims of her black mail tactics .

4) you mother can file complaint under DV act  against your wife and obtain a protection order against continuous harassment 

5) as long as you are alive you should remain owner of your property . you can inform  your wife that you will bequeath property to children by registered will . 

6) your wife has no rights on self acquired or ancestral property standing in your name . 

7) dont take any steps against her brother as it will further vitiate possibility of amicable divorce  by mutual consent
Ajay Sethi
Advocate, Mumbai
46845 Answers
2770 Consultations

5.0 on 5.0

1. Legally speaking, you cannot stop her from filing more cases including for violation of protection order against you. What you can do is contest her cases fittingly. Mere filing of case by her will not prompt the court to rule in her favour. She will have to substantiate her allegations by showing the requisite evidence to the court.

2. The court has allowed her to stay in her matrimonial house as she could show it to be a property owned by you. If her stay in your house poses danger to the physical and/or mental well being of your mother then you may apply to court to recall the order giving her the right to stay in your house. If you have any proof of her subjecting your mother and other family members to verbal abuse then produce it in the court. Alternatively, you may challenge in a higher court the order of the court awarding her residence.

3. Your mother may also file a case for domestic violence against your wife to escape her victimization at latter's hands. That apart, your mother may file a criminal complaint for intimidation against your wife.

4. Neither your kids nor your wife have any share in your self acquired property as long as you are alive.

5. As regards the ancestral property, your children have an equal share therein, to cull out which their mother may move to court on their behalf, whereas your wife has no share therein.

6. If you wish to transfer your property to your children then you may make a gift deed in their favour. Get a flawless deed drafted by a lawyer so that your wife cannot do any misdemeanor. 

7. For prosecuting your brother-in-law for tax evasion send a complaint addressed to Commissioner of Income Tax by annexing all the required proof.
Ashish Davessar
Advocate, Jaipur
23166 Answers
641 Consultations

5.0 on 5.0

1. settle the whole matter amicably  as ur case is very complicated one.

2. ur kids are grown up and further litigation will destroy their lives.

3. do not take any legal action against ur BIL as it will even more worsen the case.

4.take help of marriage counselor.
R.K. Nanda
Advocate, New Delhi
457 Answers

4.7 on 5.0

Under the Domestic Violence case your wife was entitled for shared accommodation which is why she is able to stay in your home.
Now that she is victimising you and your mother you can approach the court to provide alternate accommodation so that she stays away.
Do not part with your property as demanded by her.The children are entitled to shares in your ancestral property only after your life time.You can offer to make a will making allocation of the shares in their favour.
Get the matter amicably settled by mutual consent divorce involving mediation and avoid getting the issue more complicated by getting the brother in law entangled in legal tangles..
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

1. Contest the cases filed by her fittingly,

2. In the DV case you should have ofefred her alternative accomodation on the ground that she tortures your mother,

3. Collect all the evidence of her cruelty by audio/video recording & after some time file a Divorce Case on the nground of cruelty,

4. Ask your mother to file a DV case agsint your wife allging  cruelty by her,

5. Your property can not be demanded by any body during your life time,

6. You can will it in favour of your children if you so wish.
Krishna Kishore Ganguly
Advocate, Kolkata
18785 Answers
454 Consultations

5.0 on 5.0

contest the case with evidence and recordings. yo mother ca file harassment complaint against her ad file a civil suit for the same with injuction petition restraing her enterance
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

Dear Querist
file a complaint before magistrate against her through your mother for domestic violence and misuse of law and in this complaint you may offer an alternate accommodation for her residence.
she can not claim  any share from your ancestral or self-acquired property.
Nadeem Qureshi
Advocate, New Delhi
4880 Answers
226 Consultations

4.9 on 5.0

dear client, you may file complain case through your mother in which you may all allegation on her. you may also approach in dv act case with proof and ask court to provide alternate accomodation. she can not claim on your property
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

4.6 on 5.0

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