Legal Query on 50% property to wife, alternate accommodation, wife not giving access of child to mother,

Q1. My wife re-entered the matrimonial house few months back and the moment she entered I left the house and went at rent accommodation. So my point is that she herself demanded an alternate accommodation/rent amount under Domestic Violence act when she was living at her parents’ house, but now she says that she doesn't want an alternate accommodation or the rent amount because now she wishes to live in her matrimonial home..whereas on her demand, I have already shifted to a rented accommodation. Please suggest.  –R M

Ans. Well, how would you prove this was a demand from her? Further, she must be having fear of being thrown out of her from your new rented house and that she cannot demand a right in it to stay in such a case. Her only right is to demand a right of residence in your matrimonial home (joint) or your owned flat/house.

Q 2.  Recently a bill has been also passed from Rajya Sabha that at the time of divorce 50% of property of a Hindu husband has to be paid to wife.

If during the divorce procedure or before filing the divorce by the husband, if husband  converted to other religion Muslim, Parsi or Christian at that time will the above amended Hindu marriage act laws will also be applicable to him and he has to provide his 50% assets to his wife at the time of divorce.

Ans. The idea you have thought will not work in this for saving your hard earned money and assets. You have been married by HMA and your wife is still Hindu with all the proofs of marriage then you can't escape.

Better plan your financial strategies before divorce via PF, GPF, LIC, VPF, and EPF and gift your properties to your own blood relations.

Q 3. My wife does not allow my mother or my other family members to see or even speak my kid. But she does visit her home once a year and also talk to them every day. Talks could not resolve the issue. How I can legally get my kid to visit my family or at least my mother?

Any help in this regard is greatly appreciated.

Ans. 1.   Hire an advocate found via reference.

  2.   Let your mother file a Petition under GWA for interim visitation of minor child (ren).

 3. Unfortunately when natural parents are alive for minors there is no such Law whose help grandparents can take for visitation but via slowly building up tempo during granted interim visitation to natural father it is asked under general inherent powers of the GWA to extend the same for grandparents showing overall best interests for the minors best interest.

4.   Don’t get involved in quasi-criminal Laws via your mother in filing DV Act complaint case praying for visitation of minors at this stage.