singh (x) 23 September 2012

Domestic violence

dear sir/madam,

Need urgent help.Me and my husband we live in my mother in laws house in chandigarh and my in laws live in patiala with my brother in law.My inlaws are very moneyed people and my inlaws are favouring my brother in law and want to give him all their wealth.

my husband has lived in this house even before we got married.me and my husband immigrated to canada in 2007 and we filed suit against my in laws for selling the ancestral property at patiala without giving share to my husband.

now we have come back to this chandigarh house to finish the suit in court but my inlaws are troubling alongwith the tenants who r living downstairs.The tenants disrupt our water supply,threaten us that they'll implicate us in police cases .My in laws and tenants together want us out of the house so that we live on rent and my inlaws think this will make us financially weak and my husband will wont be able to fight the ancestral property suit?

can i file domestic violence case against just my inlaws and also include outsiders like the tenants as they harass us day and night?

tks

kaur

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2 Replies

Tajobsindia (Senior Partner ) 23 September 2012

1. No you cannot array tenants under Domestic Violence Act. BTW is the family milkman delivering quality milk to you folks living on above floor if not then he can be arreyed under this Act !

2. You cannot force still LIVE in-laws to partition ancestral property in name of Domestic Violence Act (for that Succession Laws suits are there) and for the same it is being shown that you have returned back to India along with your husband all the way from Canada which really amuses us.

That is the reason Domestic Violence Act is termed as highly misused provision in hands of errant wives and many a Ld. Judges have rightly termed it is an Act made for grabbing properties of in-laws by DIL’s.