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rajiv_lodha (zz)     15 February 2011

tresspass

Hello!

Me & my family is in deep trouble. I am fighting divorce case with wife, I am the petitioner. She remained with her parents for 1yr & put DV case on me; but denied reliefs by court. Now suddenly she has forcibly enterd in my parents' house 14 days ago. Police bribed till neck. Fearing her motives & conspiracy, parents immediately removed themselves from that house n informed SHO in writing. They locked kitchen, store etc & she is using remaining part of the house alone. Her parents have ensured external help to her. Police is not hearing any of the pleas, SHO's simple formula:- 'take her back in ur life or else we have no right to remove her'

We also knocked the doors of court. After some hearings, magisterate asked for witness, copy of land-registery etc. Now he has asked to try her U/S 448 n summoned her after 25 days. The much needed relief for senior citizens to restore them back into their house & removing the wife from it, did not came in the order. My questions are:

1) What is the best possible remedy? She may be tried in lenghthy 448 proceedings; but where will the old fellows go? Can law evict her even now?

2) The police complaint is still pending, parents have met some higher officials also. Can SHO take lame excuse at this stage 'Matter is now sub-judice, I cannot evict her'. As far as I can understand, such tresspassing is cognizable offence, police can still evacuate her if some higher police official wants to evacuate her from house?

Plz reply asap, the old couple has already suffered much, spending nights here & there!



Learning

 12 Replies

Tajobsindia (Senior Partner )     15 February 2011

@ Author,

Reliefs:

1.
Take immediately a rented place on your name.


2
. Cut as in cut-off (deeply) water and electricity connections. She will be forced to flush out and then restore such basics when old folks regain control of their property.

3.
When she cries ‘foul’ offer this rented place till primary case gets resolved.

Reasoning:
A.
In such options can local Police restore basic amenities? Well under which Rules / Act / Guidelines and or Circulars and or even under which directions of which Court man ??????
None, old folks are not herds that a DIL can throw them out, it is your responsibility if any to install and or follow Interim Orders under DV in here she was not granted such relifs so it seems and on you divorce petition she has been made to act as ‘counter blast’ and man she touched the right plugs……….
B. Once she is evicted and or leaves the old folks place offer para 1 place and just after 14 days of her stay there stop payment of rent. The house owner will evict her. You have a DV Interim Order where all her prayed relifs were not allowed so you are at no fault man. Rest pleading sof divorce are matter of ‘trial’ and no where in Marriage Act it talks of ‘residence rights” do it so mentions !
I don't see any injunctions Order by ether party as in your briefs ! So where is the 'cause of action' that your folks gifted their property to stay on roads man !!!!!!!!!!!!!
You are not able to fight your case properly otherwise Police has all the power to remove her (this is a cognizable offence) they are just fooling you and your folks.

1 Like

rita (ghfghfghf)     16 February 2011

i feel very sorry for you..God curse those b*tches..

rajiv_lodha (zz)     16 February 2011

Thanx!

Cut as in cut-off (deeply) water and electricity connections. She will be forced to flush out and then restore such basics when old folks regain control of their property.

I agree, father may give application to remove electricity n water supply. By hook or crook, can they replay DV card again?

When she cries ‘foul’ offer this rented place till primary case gets resolved.

She is earning, DV orders say that she is free to get her rented house as her will. I think I should not involve one landlord more in the mess. Later on he may be against me for dumping my dirt in his house!

Reasoning:
A.
In such options can local Police restore basic amenities? Well under which Rules / Act / Guidelines and or Circulars and or even under which directions of which Court man ??????

Nice thought
B. Once she is evicted and or leaves the old folks place offer para 1 place and just after 14 days of her stay there stop payment of rent. The house owner will evict her. You have a DV Interim Order where all her prayed relifs were not allowed so you are at no fault man. Rest pleading sof divorce are matter of ‘trial’ and no where in Marriage Act it talks of ‘residence rights” do it so mentions !

I want to aviod more conflict. With ur kind sugession, I want she fetch her own house. Her parents are very much around
I don't see any injunctions Order by ether party as in your briefs ! So where is the 'cause of action' that your folks gifted their property to stay on roads man !!!!!!!!!!!!!
You are not able to fight your case properly otherwise Police has all the power to remove her (this is a cognizable offence) they are just fooling you and your folks

No injunction yet, shud v take it when the storm is over?

My parents got themselves removed from her company as a precautionary measure so as not been implicated in her evil designs. As I told, Police is bribed till neck. As police did not take cognizence we moved to CJM court, it proceeded in matter, called SHO's site-report. He submitted it in the favour of wife as much as he cud tilt. In oredrs, Magisterate treated it as complaint case, holding her guilty u/s some 448.

But summoning date he marked is 1 month away; so practically no use for us.

Vakil says - go 4 high court WRIT against these CJM orders. Is it rite?

ALL MEMBERS PLZ SUGGEST THE BEST!

Thanx in advance!

rajiv_lodha (zz)     18 February 2011

Hello!

Plz provide inputs. I desparately need!!!!

Rajiv

rajiv_lodha (zz)     02 March 2011

Any law about SEIOR CITIZENS may of speedy help?

Plz reply

rita (ghfghfghf)     03 March 2011

we were also in the similar situation once.call 100 straightaway, they will surely help u and remem they are not from the local police staion but from the control room.secondly have a looka t maintenance and welfare of senior citizens act 2007 section 23.. that b*tch must be out...and also call the toll free number for senior citizens help--18001801253. send an application to district magistrate straightaway..see how it goes..gud luck. dont worry god is there to kill these b*tches....

1 Like

Tajobsindia (Senior Partner )     03 March 2011

@ Rita

 

You being a female and your advise being quite right my point of objection reading your short gyan is why call a 'wife read generic as woman' as a 'b*tch' in public forums and equate a 'wife' to a female dog in heat n is the case in hand anywhere like that no na then !!!!

 

 

I hope you were referring to "Bitches", a Feb. 2000 release song by Mindless Self Indulgence from Frankenstein Girls Will Seem Strangely Sexy (FGWSSS in short) and not using a pejorative term for "women" in premium public law forums such as LCI ?

 


However happy listening....

Avnish Kaur (Consultant)     03 March 2011

write to electricity dept to disconnect ur power.

1 Like

(Guest)

The wife is denying all court reliefs and wants to enter into matrimonial home "forcefully".

 

It shows she is not interested in money but this marriage.

 

If she is forcefully entering it is because she is not being allowed to come.So she has to use force.

 

By the way,Rita jee,did you take your own name just now?

It seems you are a male who is using a female name so that you can all all these names at liberty for all the females

rajiv_lodha (zz)     03 March 2011

@meenal!

How do u think?? Is it the right way if u want to retain ur marriage, law gives ample oportunity to the couple to reconcile. But if u are not ready to mend ur ways & force ur entry directly into the home, so many criminal/civil cases pending, how will u label that person??

Is she on the way to rehabilitate; or teach u a lesson, implicate u in more dangerous cases?

One thing more, Mr Tajob has nicely raised objections to use of bad words by rita, despite of that, u are still dying to justify acts of my X, only reason being "she is a female". In most of ur other posts u waste time finding the real identities of various IDs (rita)

rajiv_lodha (zz)     03 March 2011

@rita!

Dialing 100 is out of question now, the episode is three wks old. The parents now do not visit there. Helpline no. we will try.

@Kaur!

They are trying to get the things under DV Act umbrella. We fear that they will use this written application from our side (in electricity deptt) to prove Domestic Violence or so. What do u think? Is it possible that this document at their hands may harm us legally!

One more related thing to be cleared. If somebody has tresspassed in our house & court has treated it as a 'complaint case', person is still inside & court has done nothing to remove him. There is on-going unlawful activity (like theaft, breaking of fixtures) in the house by the trespasser awaiting court's summoning date, how law/police takes it?

rajiv_lodha (zz)     26 March 2011

Hello!

Providing inputs after long time about the case. Complaint case against her is moving at snails pace. Parents moved WRIT PETITION in high court citing:

* CJM court denied her any rights in interim DV order

* CJM court has alraedy taken cognizence, summoned her for trespass.

* But she is still inside & we are out, nothing has been done by police to evacuate her till date.

* State, SSP, SHO, & wife are made party

* Writ is for seeking directions to SSP & SHO to remove wife from the house.

Hearing is short away. Lawyer says-- these type of Writs donot run long, court will either reject the relief or give 'directions'. Is it so, that nobody is summoned from other side? I fear he is not befooling us.

All proceedings at HC are unilateral from our side till date. I fear if HC denies relief & wife comes to know about this fact, she will have a consolidated position in the house, where she is being tried 4 tresspassing.

Kindly throw light on these legal points.


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