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Re : PWDV Act in Civil Suit

Querist : Anonymous (Querist) 27 September 2010 This query is : Resolved 
Dear Sirs,

"A" a daughter-in-law- has filed a civil Suit against her mother-in-law "B" for Permant and Mandatory Injuction for restraining "B" from disposing off and disposseing her from the suit property. The court granted stay. Written Statement has been filed by 'B' along with an application to vacate the the stay that is the interim order.
After that the 'B" filed a case U/S Sec. 12 of PWDV Act. on false affidavit.

Now the palintiff wishes to file Replication of the W.S. The question is :

1. Is necessary for 'A' to file replication for both the W.S. and Rely to application U/0 39 Rule 1 &2 or only the Replication for W.S. would do.

2. Can the plintiff seek relief u/s 26 of the PWDV Act-2005 for relief U/S 18,19,20,21 & 22 in this suit.

3. should the Replication be filed with Affidavit again, and is Afficavit for relief U/S 26(1) required.
Atuliya (Expert) 27 May 2011
If B has filed a suit u/s 12 of PWDVA against A then this is not allowed!!! Daughter in law's are a privileged lot under the PWDVA better not mess with them

Rest of your query is not intelligible it seems you have no knowledge of PWDVA and you are mixing up issues. Trust your lawyer to do the job for you.

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