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Pet dog related

(Querist) 29 August 2016 This query is : Resolved 
Dear Experts,

Would you please help me in below concern urgently please!!

There is dispute going b/w me and my wife, she registered false FIR of 498/506/406/34 but that was cancelled by Police. Then she filed a case of DV and the case is pending in court.

one year before dispute me and my wife separated from my parents and lived independently, in-proof I have separate Ration Card/Gas Connection/Adhar Card with different address and all documents are made enough time before dispute.

Now, I relocated to other place and my wife does not know therefore she decided to enter into my Mother's home forcefully.
When she came to mother's home, then my brother's wife called to police and Police came and told my wife that you cannot enter into this house because your case is pending in court.

Please suggest if my mother take a Pet Dog to Home for her protection and when my wife comes again and forcefully try to enter the home then can her pet DOG bite my wife. Will it be any offence for my mother. (My mother is an old alien women and illiterate also) so she is very innocent and does not know anything.

Please help, your support is very important to her.



Ms.Usha Kapoor (Expert) 30 August 2016
Dear Client,

Your mother as pet dog owner is responsible for dog bites and incurs liabilities to pay penalties etc unless the daughter in law provokes the dog or trespasses into your house.So on both side some defenses are there.
Rajendra K Goyal (Expert) 30 August 2016
If any bite / injury happens your mother would be responsible.
Raj Kumar Makkad (Expert) 31 August 2016
You should talk here just on legal terms. If house belongs to your mother then definitely she can file a civil suit and can get stay order against the entry of your wife therein, the solution of dog is not legal and wise.
Neeraj Jha (Querist) 05 September 2016
Sure Sir, thanks for advise

after this event my mother evicted me and my wife so this eviction can be benefited to my mother??

My mother is owner of matrimonial house of my wife.
Guest (Expert) 05 September 2016
Follow advice of Shri Raj Kumar makkad.
Neeraj Jha (Querist) 06 September 2016
Dear Experts,

Could anybody tell under which section my mother can file the stay case???

Thanks
Guest (Expert) 06 September 2016
Mr. Sonu,

If your story is real and not an academic query, please state if knowing a section will serve your purpose than hiring a lawyer to apply for a stay on behalf of your mother?

Let your own lawyer do his job. You will automatically know the section under which he files application.


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