Offer in dv act
Chiranjeev Lamba
(Querist) 17 February 2014
This query is : Resolved
Hi All,
As i post in my prior queries i have two DV acts pending from my wife and from my mother side. My wife is residing with my mother and i m residing separately. Just to close all the cases sooner my mother offer the one room set to me and my wife in front of judge and she will make my wife and me joint owner of the flat. My wife except the offer and case has been sent to mediation cell. But now wife is saying that she need half of the share in property and not the single room and at least the two room set. However my mother is giving me the same what is exactly equals to my share in property.
Not sure why she refusing this offer, as earlier she is saying yes in court.
Can you please advise if this can be in favor of my mother that why my wife still want to be reside in this property? Or can this be show as a property issue rather than dv act.
Thanks
CS
Devajyoti Barman
(Expert) 18 February 2014
You or your wife can not force your mother to give more than what she really wants.
It is upto her whether to accept the offer.
If she does not then the case will go on.
It is magnanimity of your mother that she in spite of all the discord is still willing to part with her property.
Rajendra K Goyal
(Expert) 18 February 2014
Well advised, agree with the expert Devajyoti Barman ji.
Chiranjeev Lamba
(Querist) 18 February 2014
Thanks for the advise Dev sir .... but not sure what to do .... civil case will take a long so just to cut short we put this offer in front of her.....
ajay sethi
(Expert) 18 February 2014
let case go on . since your wife has rejected the offer let case proceed on merits . your wife will get frustrated with court dates and come to a settlement
Rajendra K Goyal
(Expert) 18 February 2014
When she has rejected the offer, there is no other alternate left but to proceed with the case on merit.
kranthi ramana
(Expert) 19 February 2014
DVC IS NOT CIVIL CASE, IT COMES UNDER CRIMINAL COURTS JURISDICTION IN THE STATE OF ANDHRA PRADESH AND D.V. ACT ITSELF PRESCRIBES SIX MONTHS TIME PERIOD FOR ITS RESULT, SO DO REQUEST THE JUDGE FOR COMPLETING THE PROCEEDINGS A.S.A.P
Chiranjeev Lamba
(Querist) 19 February 2014
yes Kranthi Sir...but my question is my mother have to file civil suit for possetion to vacate the property and this will take long.... so we just offer this to complete this early.
ajay sethi
(Expert) 19 February 2014
even DV cases take 3 years to be decided . although law provides to be disposed of in 6 months it is not possible . in fact delay in disposal is to your advantage . your wife will come for settlement
T. Kalaiselvan, Advocate
(Expert) 19 February 2014
I agree with the experts opinion. The DV cases no doubt to be completed at the earliest say within 6 months, but the case are being beyond 3 years too. Now since your mother is offering but your wife is accepting the said offer instead she is demanding more, let your mother decline even the present offer, and also ask her to file a civil suit for eviction simultaneously, let both the case go on, let your wife realise the pain of paying heavy amounts to lawyer by way of fees, unable to withstand the pressure, she will come down to negotiation platform very soon.
Chiranjeev Lamba
(Querist) 19 February 2014
Yes we r planning for the same ..... but honestly my mother is also frustrated with this ....now no option left instead of fighting ...
