LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Matrimonial dispute

Querist : Anonymous (Querist) 07 June 2024 This query is : Resolved 
We(Parents) stay in a two floor house where our daughter in law stayed on the second floorsince the marriage. Due to marital dispute son is not living with wife from past 8 months.The same day dispute happened the daughter in laws parents entered our house and havent left since.
Later Daughter in law family filed DV, 498a on my son, both me and my husband and also including my daughter and son in law who stay abroad from a decade but were part of the wedding ceremonies.

She is still staying on the second floor with her parents in our house and now daughter in law parents they are not going back to their home. As they are looking for huge sum of money along with household furniture, car, electronics and kitchen items. Basically everything from the house. Daughter in law also in possession of the gold which she claims were all gifted to her and not interested in revealing that she has it all. But mentioned in the case file that we are having all her gold jewellery from day 1 of their marriage as she handed over to us after getting married.

We have filed the civil case in senior citizen court but no resolution or action has been taken keep getting dates for one thing or the other. We are senior citizens and are tired keeping up with all this litigation matters

Son has filed a divorce case too, but the process is very slow and we all are losing our patience as it has been 8 months of their daily harassment and verbal abuse and provocation.

What remedies are for us as parents? We cannot fulfil their monetary settlement demands at this moment.
Are the daughter in law parents legally supposed to stay in our house for this long with our daughter in law? We tried calling police for help here but they don’t seem interested in helping us evict the DIL parents. How can we evict them?
Any other suggestions or recommendations are appreciated. Thank you.
T. Kalaiselvan, Advocate (Expert) 07 June 2024
The litigation will take its own time for disposal you may have to endure it if you want relief through court of law.
The parents of daughter in law are not entitled or eligible to stay in their daughter's husband's house.
If this house belongs to you then you can file a suit for ejectment to eject her from your property before the civil court.
You don't have to settle or even arrange to pay the money demanded by her or her parents to dispose the matter out of court.
Your son can file a divorce case on the grounds of cruelty, since she has already file various criminal cases against you all, there can be no harm or damage she can do anymore beyond this.
Your approach to Police is a waste exercise because they do not have power to evict them from the house as it is a civil matter.
P. Venu Online (Expert) 07 June 2024
Already, there are many a litigation in progress. The best option is segregate each of them and deal on their own intrinsic. In further addition to the litigation may not serve any purpose. So also, the police have no jurisdiction except when there is any allegation as to criminal offence.

What is the status of the 498A case? You have the option of approaching the High Court under CrPC 482. There is a fair chance for success in getting the FIR quashed at least partially.
Querist : Anonymous (Querist) 12 June 2024
sir, 498a chargesheet is filed against my son and fortunately the rest of the family members names have been dropped from the case due to lack of evidence.
But my daughter in law has submitted an application to include all the names again in the case.

Any remedies that we can avail as senior citizens? She is also requesting for interim maintenance on the DV case. Her parents are not ready to go back to their hometown and have been living in our house from past 8 months.
Please advise Thank you!
Also, my daughter in law behaviour towards us , daily provocation and harassment has taken a toll on our health.
We really would like her to leave our premises for us to sleep peacefully.
T. Kalaiselvan, Advocate (Expert) 12 June 2024
If she has submitted an application against the decision to drop your names then the court will decide on the merits of her application and the investigation report.
If her parents are not leaving the house you can take steps to evict them from your house as per law.
P. Venu Online (Expert) 12 June 2024
Almost all the disputes and contentions are covered by various litigations. It is too hasty to offer any suggestion without perusal of the pleadings and discussion of the issues.

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now