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Author Topic: Domestic Violence  (Read 2353 times)

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Offline ritimalhotra

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Domestic Violence
« on: October 14, 2013, 11:12:17 AM »
Hi
I am riti married from last three years..
Me, my husband and my sister in.law were thrown out of the house by my in laws.
My husband and his sister are the only children of them.
My mother in law is a psycho her sister also threw his son and daughter in law outside..
All without any reason. Now both my father in law and mother in law live alone.in their owned.house.
Enjoy all luxuries but we all live a miserable life. They don't talk to us.
Use abusive language against me and my parents.
They demanded dowry. They insulted us. My husband is with me. Even my sister in law
Supports me ..
Now I want to know that can we demand our share of property
From them.
That's it what we want..


Offline advkkreddy

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Re: Domestic Violence
« Reply #1 on: October 14, 2013, 10:02:22 PM »
You did not mention whether the property is ancestral or your father in laws own hard earned.
if it is his hard earned than nothing can be done no claim, for you and your husband.

regarding the sister in law if she is unmarried she can claim her share

Champion in law of Torts in India

Offline advamrita

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Re: Domestic Violence
« Reply #2 on: October 14, 2013, 10:05:38 PM »
yes i agree with advocate reddy,
I would like to add just one more thing, if you have proof of dowry demand than that you can file against your in laws, but that will be merely to trouble them.

It won't help u get the right to resident

Offline NRI LEGAL CONSULTING

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Re: Domestic Violence
« Reply #3 on: October 16, 2013, 03:59:56 AM »
yes I am also agree both to advocate reddy and advocate amrita.
  For more query contact us
« Last Edit: January 29, 2014, 08:55:40 AM by admin »

Offline Advokaterajiv

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Re: Domestic Violence
« Reply #4 on: November 27, 2013, 03:08:03 AM »
Hello Riti,

Your case is slightly complicated as your in-laws are asking for dowry and throwing you out of the house but your husband is staying by your side and so is your sister-in-law. The problem is that in such a case your husband and your sister in law may not be very encouraging about the idea of filing a complaint under 498A Indian Penal Code against the in-laws.

But, this can certainly pave way for negotiations with respect to getting back the right to residence. Also, since their own son and daughter are living outside the house, it seems likely that they will have a change of heart and allow three of you to get back. Nevertheless, moving beyond the realm of probabilities, it need to be seen as has been pointed out above that whether it is ancestral property which your father in law has acquired from his ancestors or the one that he has earned in his own lifetime.

In the former case your husband is entitled to a share in the property and in the latter case your father in law is within his right to exclude you and your husband from any share in the property. Whatever the case may be your sister in law cannot be thrown out of the house in case she is unmarried as your parents are still duty bound to take care of her. And like I said earlier the cases under 498 A and others need not be filed but can rather be used as a medium to initiate the negotiations with your in-laws. Though, it is advisable to seek the advice and services of a legal professional with the specifications of your case.

Regards,
Adv. Rajiv Malhotra
« Last Edit: December 14, 2013, 07:33:30 AM by admin »

Offline Ashok gupta

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Re: Domestic Violence
« Reply #5 on: December 27, 2013, 05:13:08 AM »
i agree with adv reddy and adv malhotra. i think you got the point.

Offline contin

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Re: Domestic Violence
« Reply #6 on: February 07, 2014, 11:20:12 AM »
Adv. Reddy is clicking the point and I am totally agreed with Adv. Reddy.

Offline Philip1234

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Re: Domestic Violence
« Reply #7 on: July 22, 2014, 06:58:45 PM »
I completely agree with advocate reddy and also wants to add one point that in case your in laws demanded dowry you can charge case against them , but for property rights meet any advocate.

 

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