Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Gaurav (Agent)     21 October 2013

Finaly the shit is out of the house

Hi Team,

Finaly DIL is out of the house 3 weeks back. Please advise if she can have Stay order to stay in our house.

Our house belongs to my mother (Sale Deed) and She also disowned my brother last year.

Please share your opinion.

 

Thanks



Learning

 9 Replies


(Guest)

come up with full facts of your case?????

 

Gaurav (Agent)     21 October 2013

ok...

DIL filled false case against MIL and my Bro since Feb 2013. They got married last feb 2012. Since the starting they fights.. She always fights with my Mom. Last Feb my bro blessed with a baby girl. She again filled some false complaints against us that we are harrassing her coz of a baby girl. Her mouth is not less than a gutter and she speaks watever comes in it. It seems the biological system is opposite in her. She sh*ts from her mouth,....  Anyways, My mother and bro they have decided that they wont stay with her in any situation and watever will be consequences. In her complaints she mentioned that she is stayng in her house since long.  My mom and bro they left the house (We made a mistake) last feb itself. We have some by that we can prove that she is not residing in our house however she always mentioned that she is residing in our house.

My mom already disowned last year my bro and SHIT (DIL)..... Last week we have comeback to our home and stop her to come back to her house. She called police and i have said that the cases is going on so, watever she need she can seek court or my brother... but my mom will not treat her.

My bro is stayng in a rented house since feb 2013 and havng a rent agreement.

Here my question comes ...

1. Can she have Stay order from Court even if the house is not a share household. ?

2. My bro also want to stay with us. can he live with us. ? any solution


(Guest)
Originally posted by : Gaurav



Here my question comes ...

1. Can she have Stay order from Court even if the house is not a share household. ?

Stay order you mean like Residential orders?  Yes, she can get residential orders and protection orders u/s 23 of Domestic Violence act and you cannot do anything about that than to go for appeal in sessions court to set aside such idiotic orders by magistrate.


2. My bro also want to stay with us. can he live with us. ? any solution

Your brother should not stay with you unless he wants some more headache for himself and all at home.  Let him stay out in a PG accommodation.

Laxmi Kant Joshi (Advocate )     22 October 2013

1. As this house is self earned by your mother , she has all rights in it , if she had disowned your brother and your sil then they haven't any right to live in her house , they have to vacate her house and live in seperate house 2. Your sil will not get stay order on any ground , your brother will arrange accommodation for themselves . 3. Yes he can stay with you in your house if you settled your problem amicabily with your sil or after divorcing her .

Gaurav (Agent)     22 October 2013

Happy with Laxmi kant Sir's response... However the above responses are contradicting each other...   

@ Helping Hand : Could you please tell me on what basis she can have residence order in MIL House even if the house is not a Share Household.

I appreciate your advises


(Guest)
Originally posted by : Gaurav

Happy with Laxmi kant Sir's response... However the above responses are contradicting each other...   

@ Helping Hand : Could you please tell me on what basis she can have residence order in MIL House even if the house is not a Share Household.

I appreciate your advises

You might have gone through this forum and read what it means by SHARED HOUSEHOLD, SELF EARNED PROPERTY. In reality its not as simple as you read and understand it. First your wife if she wants to barge in to your house, your parents house, one page application under section 23 of DV act is enough for her to come with police, to prove that this is shared household or self earned property it takes time. But fact is she can come into any property and do halla gulla, you proving that it is not shared household or it is a self earned property it will take lot of time boss, hope you got my point.

Gaurav (Agent)     23 October 2013

Thanks Helping Hand!!! 

Could you please also provide some solutions so that she can't enter our house...???? This case is related to my brother... and my brother is also not residing with us since last few months...

Reformist !!! (Other)     24 October 2013

To avoid her entrance, your parents shall file a civil injunction case against u and ur wife....Then the matter will be in court and use batra vs batra Supreme court judgment.

Gaurav (Agent)     06 November 2013

SHIT Tried to enter in our House forcefully last week... I was sucess to get her out of our Area... I m BIL


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register