My elder married sister has a disturbed family life. In 20 yr of their married life jijaji is job less for around 8 years .Presently he is jobless and become addicted to drinking and start abusing my sister and kids .
They have their own three story house, they live in one floor and rest two are rented .House is in the name of husband who now very often abuses my sister and threaten her that he will sell the house and bring to you on road. All house rent is taken by Jijaji and do not give any money for any expense. My sister who is working take care of all her needs as well as those of kids. She spent lot of her earning in building of house three years back.
Jijaji also threatens that he will do something bad to himself and blame it on my sister and all our family members. Now this becomes a daily routine.
My sister is very worried now about herself and kids . Pl. advise how to handle the situation and how sale of house can be prevented at any stage if it happens.
Asked in Family Law from Faridabad, Haryana
1) wife can file DV case against husband and seek injunction restraining him from selling the house
2) seek right to stay in her matrimonial home , maintenance for herself and kids and other reliefs
Immediately she should file a complaint before magistrate against him under domestic violence act 2005 and claim protection, right to residence, maintenance for the kids, child custody and compension as per section 18, 19,20,21 and 22 of protection of women from domestic violence act 2005.
Your sister may file a civil suit for injunction before the family Court and claim stay under order 39 rule 1& 2 of CPC
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Advocate, New Delhi
1. The ball is in your sister's court. She is the one who has to decide her further course. If she wants to stay married she can file a complaint case under Protection of Women from Domestic Violence Act, 2005 to seek protection order which will be a judicial command to her husband to cease forthwith all acts of domestic violence targeted towards her. Furthermore, she can also seek alternate accommodation at her spouse's expense, apart from claiming maintenance for herself and kids.
2. She can also seek injunction to restrain her husband from selling his house as this would render her homeless too.
3. She is at liberty to apply for dissolution of marriage on the basis of cruelty she has suffered.
Without delay - it would be feasible that your sister files a domestic violence complaint and prays for her security and residence along with expenses from the husband.
Additionally an application for stay on any prospective sale should also be forwarded to the concerned magistrate for stopping her husband to sell this house,,,until the case(s) are decided.
Best of Luck.
If your sister is not able to tolerate the tortures anymore, she can apply for judicial separation before court
For this she need not leave the house, she can file for separation while she remains in the same house also.
Though she cannot stop him from selling his own property, she may file an injunction suit against him restraining him from selling the house owing to the payment of maintenance amount for which this property can be held as charge.
She can file a domestic violence case also in which she can claim residential rights in this property which will also prevent him from alienating the property