fake DV ACT CASE
aman
(Querist) 06 November 2013
This query is : Resolved
Namaste experts,
my elder brother's wife has filed cases under DV Act 2005 and 498a on me ,my father and my brother(her husband)although she is staying with my brother ..her father made my brother accused in 498a fIR but in DV act case she intentionaly left my brother and stated that she never had a problem with him..my mother pasd away in 2011 because of poison..we also have filed 2 diffrent cases on my brother,his wife and in laws.one case is registrd under 147,452,323,506,427etc ,this case was registrd before 2 days of their 498a case and before 3 months of dv act...and later we filed another in 156(3) under 302 ipc..it is clear that they filed these cases to make presure on us to take back our case.and the main reason of disputes is property.
all the property we hav is my father's self earned and registrd exclusivly on his name..
after my brother's mariage in 2008 my parents disownd my brother and his wife since then they stayd on rent smewhre else..but they tried to cme back in 2011 in that period my mother passd away .
now my query is -can magistrate pass a order of residence in these conditions..?
now i m geting maried in couple of months so can we transfer our disputd house to my wife's name .because i read that residence order cant be pasd against a woman..
plz help..its an old case but they are trying to spoil our lives.my father is a senior citizen and a retird govt teacher..she says that she wont let us live peacefuly..plz guide.
regards
Aman Rathor
ABDUL RAZIQUE
(Expert) 06 November 2013
your brother may file a partition suit against the property, without any partition you have no right to registered any piece of land in favour of any person, execution of deed will be invalid.
aman
(Querist) 06 November 2013
dear sir, this property is not a joint family property or my forefather's but exclusivly belongs to my father...he purchasd it by his earnings..hw my brother or i can claim on that property..what if my father sales it..is there any law dat can stop a person to sale his self earnd property..?
and if there is such law..thn it is shame because in our country there is nothng for old parents..all laws are for women only..what if a son doesnt obey his parents ,doesnt respect them ,doesnt let them live peacefuly..what are options before my father to live peacefuly and to save my life from them..
forgive me for my hard language but some times i feel that our country's laws is just for playing with it..just to misusing it..
aman
(Querist) 07 November 2013
dear sir,
i hav gone through the partition act..acording to dat only shareholders of property can file suite..or in another case if property is ancestral thn my brothr can file suite..but in our case all property includin dat house is purchasd and ownd by my father in dat case neither my brother nor I can claim on dat property,my father can dispose dat property in any way,plz correct if i am wrong..
V R SHROFF
(Expert) 07 November 2013
WHERE WIFE RESIDED AND USED THE HOUSE AS MATRIMONIAL HOME, IS IMPORTANT. WHO DISOWN WHOM, AND WHO PURCHASED THE HOUSE/ OR OWNERSHIP ETC ARE IRRELEVANT. WIFE CAN GET RESIDENCE ORDER IN XYZ PROPERTY , IF SHE PROVES SHE SHARED HOUSEHOLD AND IS HER MAT HOME.. ITS DV
aman
(Querist) 07 November 2013
respectd sir,
if she gets a residence order,can we offer an alternate accomadation for her before the magistrate..
because our first registrd case under 323,147,452,427,506 on her and her family is in court,in which her family members beaten me and my father. thn our 1 case undr 302ipc for kiling my mother..and after all this she also said in her applications that she has danger of life in dat house..we can kill her..in all these circumstances hw can we all reside under a single roof...plz advise to avoid the order of residence..if we sale that house then.? or we can convert that house in a school etc..
aman
(Querist) 07 November 2013
respectd sir,
if she gets a residence order,can we offer an alternate accomadation for her before the magistrate..
because our first registrd case under 323,147,452,427,506 on her and her family is in court,in which her family members beaten me and my father. thn our 1 case undr 302ipc for kiling my mother..and after all this she also said in her applications that she has danger of life in dat house..we can kill her..in all these circumstances hw can we all reside under a single roof...plz advise to avoid the order of residence..if we sale that house then.? or we can convert that house in a school etc..
Nadeem Qureshi
(Expert) 07 November 2013
she is not entitle to get residence order from court for a specific property, she is entitle to live only with her husband, file an injunction suit before civil court and get restriction order, father has all rights in the property nobody can restrain him to do that
aman
(Querist) 07 November 2013
thanku Nadeem sir,u r right when her husband is living with her and he doesnt hav any share in property.. how should she is entitld to get a residence order...and since mariage they are staying on rent ..
ajay sethi
(Expert) 07 November 2013
rented flat is her matrimonal home . she is entitled to stay with her husband in rented flat .
R.K Nanda
(Expert) 07 November 2013
nothing more to add.
Rajendra K Goyal
(Expert) 07 November 2013
Well advised by the experts, nothing more to add.
aman
(Querist) 07 November 2013
thanx to all experts..but one of my question is unanswrd ,if somehow she gets residnce order can we offer an alternate acomodation befor magistrate considering all the disputes and circumstances.
ABDUL RAZIQUE
(Expert) 07 November 2013
yes, you can pray before court for alternate accommodation.
aman
(Querist) 08 November 2013
thanx all experts
