Eviction for daughter in law

Keshav kamra (Querist) 22 April 2017 This query is : Resolved
Sir, daughter-in-law has lodged false FIR against the father-in-law u/s 354/509 IPC and the later wants eviction of former from his self acquired property alongwith his son
Kindly help how can this be done!

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NANDKUMAR B SAWANT (Expert) 22 April 2017
As it is a criminal case he should apply for bail and submit surety. Then father can mention actual facts and owner ship proof and file a cr writ petition for quashing false f.i.r.case. He may also file a civil suit for eviction of said person with son if son is not supporting father but may make changes with reference to any matrimonial cases between son and his wife

Sudhir Kumar, Advocate (Expert) 22 April 2017
Sorry.

I victim of DV cannot be compelled to leave her matrimonial home simply because she has taken recourse to law.

Regardless ownership of the flat she has a right to live in the house where her husband is there.

Let him file eviction case and enhance his agony.

Keshav kamra (Querist) 23 April 2017
Son is in full support of his father and the allegations of daughter-in-law are false but FIR has been registered against father in law. The daughter in law is demanding around 10 lacs for divorce but want purse 354/509 case.As the property is only owned by father in law, he now wishes to disown his son also and wants that neither his son nor his daughter in law can enter the house. Kindly suggest measures so that entry can be blocked for both son and daughter in law. Thanks!

P. Venu (Expert) 23 April 2017
There is no option but to face the criminal case on merits. Your son or his wife has no rights over your self earned property or can seek your eviction.

Disowning the children is a concept unknown to Law. You do not own your son; there is no question of disowning what you do not own.

Guest (Expert) 23 April 2017
Agree with Experts

Kumar Doab (Expert) 23 April 2017
"Son is in full support of his father and the allegations of daughter-in-law are false...........................The daughter in law is demanding around 10 lacs for divorce but want purse 354/509 case.................As the property is only owned by father in law "

Without any hesitation approach a very able counsel of unshakable repute and integrity specializing in such matters and contest all cases on merits.

Rajendra K Goyal (Expert) 23 April 2017
Criminal case need to be defended on merits.

Father in law should file case for vacating of his premises by daughter in law.

Ms.Usha Kapoor (Expert) 24 April 2017
Agree with Mr.RK.Goyal.

Sudhir Kumar, Advocate (Expert) 24 April 2017
" he now wishes to disown his son also and wants that neither his son nor his daughter in law can enter the house"

If the things were so simple then every dowry demanded will disown his son even before marriage and demand huge dowry.

Criminal Liability still remains on father even if so is diswoned. Case will still go on even if it is ( as you said) is false).

Post divorce liability of son will also not extinguish.

Sudhir Kumar, Advocate (Expert) 24 April 2017
Even if you do documentary drama of disowning the son still it is not so easy to dislodge her from the house where she resided last with her husband.

She is not trespasser
She is not a tenant
She is not a gratuitous entrant.
She is not a terminated house maid.

Kumar Doab (Expert) 05 May 2017
Same Query:

http://www.lawyersclubindia.com/experts/Daughter-in-law-eviction-640386.asp

Sudhir Kumar, Advocate (Expert) 06 May 2017
Specific provision has been made in Domestic Violence Act considering that many parents-in-law may like to display the title of the house to compel the daughter-in-law to bear torture.

The law has snatched arrogance of parent-in-law that यह घर मेरा है. Efforts to throw her out is another example of Domestic Violence. The daughter-in-law who has made such allegations (true/false) can just not be expected to be ignorant of such right.

Eviction for daughter in law

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