Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Seeta Kulkarni (none)     23 December 2012

Adamant d-i-l refuses to leave


My d-i-l has already filed a false domestic violence case against my son and me 1.5 years back, just to seek right to residence but never pursued it.

Both me and my husband have been dragged in litigation by her as i own the house. She continues to make our life hell. No servant is willing to stay as she threatens them if they on't listen to her. The divorce case is going on between my son and her. She throws oil and water on floor to make others fall and injure themselves. Has been spoiling the food in the refrigerator. Once she broke the t.v as we all tried to ignore her when she was shouting over the phone. She hurls bad expletives at me and my family. 

What can be done to get her out of my property i we cannot withdraw facilities. Despite being the owner, I am tortured in my own house. We have been very patient since 5 years, but she comes up with new ways daily. Please guide.


 4 Replies

Ranee....... (NA)     23 December 2012

Whose name the property is in?Bring these mischievous behaviour of her in to notice of court and beg for remedy like rented accomodation for her.While she does it like pouring oil on the floor keep them as video recording.

Tajobsindia (Senior Partner )     24 December 2012

"You need a better lawyer than the current one that you have"

1. You should file a Complaint under DV Act arraying your son as R1 and his wife (DIL) as R2 narrating “continuation of domestic violence offences” prior to your son was forced to disown till date and possibility of same continuing in future and annex property registration documents showing you as rightful owner of the said property further annexing registered rent agreement of son’s separate residence (as he i.e. your disowned son is responsible till divorce decree to upkeep his legally wedded wife and or give R-T-R to her in his rented place or equal cash amount to her to seek Residence anywhere else) and pray for “Protection order and for maintaining peace” by evicting DIL and leaving her to mercy under protection of her legally wedded husband (i.e. your disowned son).  

1.1 Disowning in reference to context of all your facts here till date means (judicial interpretation); disowned by once own parents for any property rights as well as saying big NO for receiving any Court notices coming to their property address on son's name. It is that few stupid advocates mostly of wife's (DIL in reference here) side and few time pass woman repliers here who are bored in their house who keep on shouting in Court and/or internet legal forums respectively to draw wrong inference on 'disownment' word/phrase to draw wrong inference in competent Court and/or legal forums respectively and no need to be afraid of such shootings.


2. You are afraid to do all above bze it looks your son after ‘disowning’ is having contact with you or with his children residing in same home which belongs to you and DIL has tenacity to show / express such visits as inference to some Court.

3. Be it so a disowned son can always visit his parent as for a simple fact parents have disowned him and he cannot disown by any Act of Law of the land and secondly if along with him in any past and continuing case you are also arrayed by DIL in a court case then a son can always interact with his own parents in relations to a ongoing Case and no Law of the land restricts such interactions further if your son has children left after being disowned and living out in a rented dwellings and no ‘visitation’ case or Order thereto there nor any handicap protection from any Court then he can jolly well visit your home where his children are living to visit / spend time with them. No law restricts or poses injunction to such acts of his.

4. Now decided law which says a MIL can file DV Act Complaint case on DIL are below;

4.1 Wide (already) judicial interpreted definitions under S. 2 (a) and 2 (f) of the Act 2005
4.2  Protection Orders under S. 18 and S. 19 of the Act 2005
4.3 Ref.: Sou. Sandhya Manoj Wankhade vs. Manoj Bhimrao Wankhade & Ors.,   
  [2011 (3) SCC 650] wherein their Lordships held:-


Para 13. It is true that the expression “female” has not been used in the proviso to Section 2(q) also, but, on the other hand, if the Legislature intended to exclude females from the ambit of the complaint, which can be filed by an aggrieved wife, females would have been specifically excluded, instead of it being provided in the proviso that a complaint could also be filed against a relative of the husband or the male partner. No restrictive meaning has been given to the expression “relative”, nor has the said expression been specifically defined in the Domestic Violence Act, 2005, to make it specific to males only.”

4.4 Ref.: Kusum Lata Sharma vs State & Anr. [Crl. M.C. No. 725/2011 & Crl. M.A. No.2797/2011 of D HC]  

5. The incidences you mentioned and some which you didn’t mention here are reasonable evidences / allegations thru which para 1 can be effected upon read with para 4. Locking up DIL is not a remedy. Submitting a (love) letter to local Police will also not bring any result.  Coming here again and again with same issue will also not help. It is only that a seasoned local Advocate who knows above can get you desired “injunction and eviction marching Orders” under usage of DV Act 2005 by a MIL against her son and DIL made as party. Sitting here in internet forum after your very first query not that long ago and till today r/w may be in future will not give you that peace of mind and I leave my reply on this blunt advise and leave ground realities picking up and acting upon them choice to you.

Please donot PM me again as I may help demonstrative litigants not low esteem litigants who just want to ask same queries with language syntax changing again and again to me. The remedy is very simple and straightforward when Apex Court has already defined that any female relative (you here in reference) of a husband (son here in reference) can also file DV Act Complaint and seek remedy from a wife (DIL here in reference) only thing that is to be done while submiting a Complaint under the Act, 2005 is making son (husband of your DIL) as first party and DIL as second party against you as "aggrieved person" (you here are aggrieved person within definition of Dv Act, 2005).

Hope above clarity brings some results instead of coming back here again?

Basis of abovesaid colly. reply:
- Few past open forum ineraction with you.
- Aware of disowned son by you which you did long time ago in past and mentioned in past postings here.
- Continuing of Domestic violence on you by your DIL since the day son was disowned.
- Some 'injunction' case is long pending with no movement in competent Court. 
- Your grandson is nearing majority whom your Son visits post disownment.
- Your son has few meals with you and with his son after disownement at your very property whose knowledge as inference evidence your DIL is now threatening with you that she will produce in Court and or has already produced in Court thus succedded in "admisson" of her own DV Complaint case (which I find most amusing) but still has no got any relief about!.

stanley (Freedom)     24 December 2012

@ Seeta Heed Tajobs Advise and Disown your son and file a DV case . 

It is natural that you and yor hubby have been dragged into the false case which usually happens . You are lucky that she has not dragged in your relatives staying in far away places , Countries .A day will soon come when even your pets dogs and cats would be dragged into such false cases of Domestic violence .

Rest assured after a protection order you would have peace of mind but all you have to do is have the courage to file the case  .

Sudhir Kumar, Advocate (Advocate)     25 December 2012

She has a right to reside in your house no doubt.  She certainly does not have any right to let others not live.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads