Legal Advice

Can wife claim property of husband in lieu of financial help

Question: Married in 2014 Dec. Due to severe harrassment and voilence, in laws made me to apply for divorce (had attempted suicide twice) but never given any complaint thinking that in laws would change. I had helped my husband financially around 15 lac for his business. Now he has no business and claims he has no income at all. In 2018 we separated from our in-laws and we stayed in one of their own apartment.  The apartment is in his name, brother, mother & sister's name. Now I'm staying here after applying for a DV case. I’m earning but in a lot of debt because of his business. Now I'm struggling hard to make my son study. If my husband is not willing to pay any maintenance to my son and me, will my son get the apartment which we are staying in now?  I have also filed an FIR under 498A case for dowry, pls help. They are very confident they cannot give any money because they are earning. But because of these people, I'm paying their debts even now. They have enough property. Atleast I need to get my money which I have given to them and cleared a few loans (unfortunately loans were taken in my name). I need justice for my son.

Advise

You have advanced more than 15 lakh to your husband for doing business. But he did not do well in business and lost all the money. You are also facing domestic violence and cruelty in the matrimonial home. Currently, you can claim a refund of money from your husband.

If your husband does not refund your money then you can claim his property in lian. You can hold his flat in the apartment and not give possession to your husband till the payment of 15 lakh rupees. All that money was your hard earned money and it was your personal property. your husband cannot claim right over your property therefore, he has to refund all the money. You can also find a civil suit for the recovery of money and carry on your possession over the property until the decree of the court.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Property

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