Law_Learner (Asst. Mgr.) 22 October 2014

Disownment

hi,

My lawyer suggested that my parents should disown me by getting the same published in a newspaper and we did the same. My wife lodged a false FIR and I was called by police. There i was asked to take my wife to my parents home. On that i told that my parents have already disowned me and the same is published in a newspaper. Policeman told that for that a court order is required and only a newspaper ad will not do the work. I spoke to other lawyer and he also said that a court order (maybe it's called injuction) is required to get the disownment completed and if not done my wife can go to my parents home for living and court may support this.

Please advise.

thanks

JanDec

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6 Replies

Adv. Chandrasekhar (Advocate) 22 October 2014

I disagree with the policeman's view and that advocate's view. If you are living separately from your parents, then your wife does not have any right to demand that she should stay with your parents' in their home only. She has got a right to stay with you, till divorce decree is granted. The matrimonial home is where you live and not where your parents live. But if you are playing game along with your parents to deprive her cohabitationn by simply pretending that you are living elsewhere and in fact you are really living with your parents, then the game changes. If you are honest and living separately from your parents for any reason whatsoever including the reason that your wife will torment your old parents, she is not entitled to live with them. Police does not have power. If she approaches DV court, then you challenge her petition on the ground that you are living separately.

Law_Learner (Asst. Mgr.) 22 October 2014

Thanks a lot for your help!!!

Sudhir Kumar, Advocate (Advocate) 29 October 2014

idea of disownment drama is comical.

what do you achieve out of it?

does this extinguish criminal liability? If yes then all ongoing 498a and 304b cases is quashed in single day by this experiment.

Sudhir Kumar, Advocate (Advocate) 29 October 2014

you are not disclosing proper facts of the case so no comprehensive advise is possible.

So I am not able to agree/disagree with view of expert above.

Sudhir Kumar, Advocate (Advocate) 30 October 2014

@ experts above.

The author has not described full facts. We do no know to what extent the advise given to him will fit into his case.

Unfortunate he is already suffering having hired an advocate who has fanciful ideas of "disownment" etc. So let him disclose facts and then seek sound advise.