Family Law

Stepmother can claim right to residence in uncle’s home

Stepmother can claim right to residence in uncle’s home after death of father. My father died of covid. After that my step mother is claiming the right to residence and share in my uncle’s home. Where she used to live with my father. Can she get right to residence in my uncle’s home and get order of right to residence under domestic violence act?  She lived in the seperate portion of the uncle’s house and we all had separate kitchens.

My wife has filed false FIR

My wife has filed false FIR under Section 498A/406 IPC. Section 3 & D P Act, against me and my old aged ill widow mother. I am the only child and my wife and her parents are hell-bent to take divorce. She wants to remarry. Hence they told me they will withdraw the cases. If I sign mutual divorce papers but I don’t wish to give divorce. I still wish to sit and talk. I I want to sort out all the issues unlike them.

My wife has done 498a,406,dowry and she wants a mutual divorce. She is reluctant to go for contested divorce as I am not willing to give her divorce. I won’t because I wish to sort out issues and cohabit with her. I could not stay with her much after marriage as I worked out at sea. Was giving exams from Kolkata and used to stay with my old aged ill widow mother. We got married in 2018 and she took a transfer from Kolkata to Bombay and is working there. I last stayed with her in July 2020 for 2 weeks . Then from Nov 2020 she is not allowing me to come to Bombay after I had a fight with her over ph.

She used to tell me that I will call the police if u come. She behaved very arrogantly with me over phone and hurled abuses at my mother too..but then things cooled down and we started speaking last year and then also she did not allow me to go to delhi. I was on ship when she suddenly came to our house in October and went back after 2 minutes and threatened to file cases if I don’t give divorce and went and did fir.

I got the police notice in Dec end..IO also knows that she wants divorce but I am not ready to give and that’s why she has filed all these false cases. I am trying to contact her saying that I still want to stay with you and sort out the matter but she is not responding back..Do I need to give her maintenance to my wife in case she filed a false FIR and leaves her job and if she files for contested divorce? After taking bail, can I go to my work place as ours is a contractual 3-4 months job unlike hers? 

Can I go and talk to her parents at Kolkata although they are also vindictive in nature and can call the police..pls suggest. I repeat I don’t wish to give her divorce even my wife has filed false FIR. I wish to sort out all misunderstandings, miscommunication by reconciliation and mediation where they are hell-bent to go for divorce. kindly advice.

Sister in law is forcing to vacate my house: Domestic Violence

My sister in law is forcing me to vacate my house whereas I am the owner of this house. I built this house out of a home loan. I have to move from my house since I was blessed with a baby girl for the 2nd time. My sister in law provoked and manipulated my mother in law and forced me to move from my house. We constructed that house by taking a home loan. My sister in law has been staying in my house for the past 2 years. Now I am blessed with another baby girl. We can’t afford expenses and asked for rent. She is not ready to pay rent or vacate the house. In this scenario what can I do?

Can wife claim the right to live in a matrimonial home?

Can the wife claim right to live in a matrimonial home? My mother in law and her relatives maliciously threw me out of the matrimonial home and convinced my husband to divorce me. I somehow managed to return to the matrimonial home after 2.5 months but since then my mother in law and husband have been trying to throw me out somehow. I am unable to step out for fear that they would not let me return home. They have left me alone without giving me main door keys and living somewhere else. What protection can I get to stay in my matrimonial home? If I file dv, will I end up getting alternate accommodation or can I claim the right to live in a matrimonial home?

Can I cancel the marriage after engagement

I want to cancel the marriage after the engagement. I met a girl on 14.01.2022 & had an engagement (roka) on 19.01.2022. I met her from 15.01.2022 to 22.01.2022. After that she went to another city (Mumbai) & joined her office. After that she used to talk very less. Several times we had issues & one day after a mild heat of argument from both sides she blocked me. After that I politely said we don’t have understanding & compatibility and it is better to call off this wedding. I also said the same to her parents too and whatever token money they have given for the marriage venue shall be paid from my side. 

But, her family and she kept on threatening me. Some time they say they will charge my family for asking for dowry & mentally harassing her daughter if we call off this wedding. I never had any physical relationship with the girl. I just spent time with her from 15.01.2022 to 22.01.22, hugs & forehead kisses. Kindly tell me what are the legal actions that may be taken against me? I feel that instead of marrying, we should call off this wedding so as to avoid future complications.

Wife is not ready to leave India: can husband give talaq?

I am Bangladeshi Muslim man Software Developer by profession married to an Indian Muslim woman. My wife is not ready to leave India. Can husband give talaq on such a refusal? Our marriage took place in City of Bijapur, State of Karnataka, India where my wife's family...

Custody of child below five years

Taking custody of a child below the age of five years is a difficult question for the father. However, father and mother both are natural guardians under the Hindu Minority and Guardianship Act, 1956. But the mother gets priority over the father for the custody of a...

Mother is taking custody of children from father

My wife is living apart. She is living with her paramour and happy with him. I have two children, both are sons. Now the mother is taking custody of the children from the father. It is a very painful situation for me. Both sons are minor and very happy with me. They want to live with me and their grandmother. My wife has filed a case in the district court for transfer of custody of children. I have received a summon from the court. Can my wife take custody of children from me? Mother is a very careless lady and without any reason she has been living with another person. She is very cruel and does not love my sons. She is doing so with the intention to torture me. Please help. I don’t want to lose custody of my child. 

How can I get a copy of divorce decree?

How can I get a copy of divorce decree? What should I do if my husband has solemnised second marriage? I have been living separately from my husband for two years. He has solemnised a second marriage and is living with that lady. When I knew about it I reached my matrimonial home at Bengaluru. My Husband told me that our marriage has been dissolved by the court. He said that he has the divorce decree. When I asked to provide a copy of the decree then he refused. 

Husband has not been paying maintenance since March 2020

The court has ordered under section 125 crpc to pay maintenance @18000 per month. But my husband has not been paying the maintenance and he wants to file a divorce case against me. I have contacted my advocate for taking legal action against my husband for payment of maintenance but he said that it is barred by limitation. What remedy is available for me?  I am living in destitution and paying the fee of my children out of the savings.