Sourabh 23 July 2017

Permanent injuction

Hello Experts,

I am posting this question on my father behalf.

My name is balbir singh, 56 years, Delhi... My son has been married in 2015. after the marriage from the first month onwards on every day my son and his wife fight with each other on the small issues. both of my son and his wife is living with me in the same house. and my doughter in law threatening my son, that she will hurt herself and all your family members willl go to jail. she will file a false dowry case against all of us..

then in the last month my son has finaly decided to take divorce on the basis of cruelty.. Me and my wife is totaly tensioned due to the misbehaviour of daughter in law.. and are scared if something happens to her what will we do..

last week my daughter in law has gone to her maternal home. by her own consent.. but now she is threatening that she will again come back and will not leave all of us.. My son has filed a divorce case in the court.

I asked from some one about this so that person advised me to file an application in court for the permanent injuction. and told that i should throw out my son and then my daughter in law cant enter in my home. as the house in my property and in my name.. and though this application me and my daughter will be safe from any action caused by daughter in law..

I have one son and three daughters, and he is supporting us he just want to live with us.

So my question is that if i file an application in court for permanent injuction what this mean permanent injuction.

is this to expel my son from my property. or something else. and in the meanwhile if something happens to me who will be get the property my son or my daughters.

Please clear it what doest permanent injuction means.. and after the case is over from my son for divorce can my son again live with me as previous..

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4 Replies

Susen Nath 23 July 2017

At first inform to ur PS that ur daughter in law threaten to Urs. Secondly hire a super advocate who makes for Urs 107 144 and others against ur daugher in law. Thirdly make another suit for ur will and provet so that daughter can not claim. Make local avoidance for ur support.

Sourabh 23 July 2017

i have already filled the complaint for it... in the police station..

Adv Radhika Mehta (Advocate) 23 July 2017

I would first advise you to ensure that your daughter-in-law does not enter the house again under any circumstances as legally, though the house is in your name, it is her matrimonial home, where she has been residing since 2015. She does not have any right on the title of the property but she does have a right to reside there.

Injunction means to refrain a person from entering your house again. So your son would have to stay seperately from you and you would have to file a suit for Injunction in a Civil Court restraining both your son and daughter -in-law from your house. But the problem that i forsee with this situation is that you mentioned that your son supports you and your daughters. In that case, it would be easy for your daughter-in-law to show that you and your son connived/ conspired and filed a false case of Injunction to throw her out of the house. In any case, i would still advise your son to move out of the house and most importantly update his changed address in the Divorce Petition filed by him.

Alternatively, advise your son to work on reaching a settlement with his wife.