Advocate dishi (AM LEGAL) 23 April 2015

Permanent and mandatory injuction

as me and my husband got married in 2009,from the second day my mother in law who is step mom of my husband has started mental harassment as i was doing job that time as a manger legal in company ...and their torture was increasing day by day firstly you have to finish house hold work then only you may go to office otherwise leave the job and do household work and salary will be used in household things and others ...i did whatever she wanted ...just to maintain peace...but during my pregnancy her torture was incredible. She sent me for delivery to my maternal house ...taki koi kharcha na karna padey...after my daughter birth nobody turned up to see neither me nor my daughter except my husband...this was turning point of my life...where in the house i m working like maid and giving my salary they have no respect or love for us this is too much...meanwhile again she has started tantrum ...car laey gayi hai....bachey ko bhi lekar nahi aa rahi hai....now this time my husband was target she has stopped to giving him food....and my father in law who was silent person suddenly stared drama....dekho maine poti ko nahi dekha....now after all this tantrum and dram after 3 months my husband bring us back...after some tiome i got job with 9 lahk package in mnc ....now they have started again with all drama in spite of we r doing household work and giving expenses also...apni bachi ko le kar jana...now my younger sister has supported to me she n my daughter used to stay in car during my 9 hours job but suddenly i realize what the hell i m doing with my baby who is innocent then within 10 days i have left the job....but when i was not able to give expenses then my mother in law said either give expenses or go out from house with baby and did not provide us food...then i approach to women commission and women cell but both place were hopeless as i have complaint against mother in law but she stands with my father in law to take privilege of senior citizen as she cannot take senior citizen benefit ...and unfortunately .....women commission and cell without considering my problem gave privilege to my mother in law. Every time they have approach for settlement and every time after settlement my mother in law behavior were weird towards me n my daughter ...as she is suffering from kidney problem in spite of that her behavior remain same...after some time her real son has broken the lock of my bathroom and room...i called up police 100 no again she got privilege because of my father in law as a senior citizen...and that time in night i have lock the room and left the house...now we are living separately in march 2014 my father in law insist to open the room but we have denied so they have given threaten to us that again we will broke the lock then again i have approached to women cell...again women cell inset to settle the matter so i do in July 2014 now as i took complaint back ...my father in law on 6th Aug. 2014 have published advertisement for eviction in the name of my husband and me.....we did not know ....in April 2015 we have received court summons for permanent injunction with application under order 39 rule 1 and 2 cpc with section 151 which is filed by my father in law against me and my husband with all false allegation and base i my complaint in women commision and cell they have colected the copy and made allegations against me...as may be property is not self-acquired and my husband has given 2lakhs lump sum amount at the time of purchasing that property...yes we do not have any interest in property as we both have bright career ...but being a legal person case ka jawab to banta hai....what should we do...being a legal person this is critical situation for me...so pls help

Reply Follow

4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 23 April 2015

Mam,, I have all sympathy for you .... But seriously he cannot evict you like this and he will have to satisfy the court on many grounds .... Kindly share the grounds he has taken in her petition .... Warm Regards Kapil Chandna Adv 9899011450

1 Like

Utsav Ghosh (Advocate) 23 April 2015

`Dear Madam,`

I have read the contents of your post and reading it i can only say that the Court may not take interest in the matter rather it may send the matter for mediation/conciliation under the Arbitration and Conciliation Act. You firstly file your reply to the summons and thereafter request the court to send the matter for mediation. As I can understand it is a family dispute which has been pro bono made into a property dispute. As per your statements you and your husband do not wish to pursue the matter. I would suggest that you ask for settlement and let the Court decide on the matter.

`The Court might ask you to vacate the property and it may also ask to deposit monthly maintenance for the welfare of your in laws as they are Sr. Citizens and they can not be deprived of such rights. It is needless to argue against them as they are old and you should not get indulge in such fights. You and your husband are young and energetic and shall have a bright future ahead. Such matter do not get pursued for very long time and shall get disposed off on the first hearing.`

`You one the first day of the hearing request the Court for settlement and in the consent/settlement terms kindly mention that your in laws shall in future not file any suit/petition against you or your husband and the consent terms shall be binding on both of them.This clause shall not allow them to file any further legal proceedings and in case they file it shall not hold any ground against you or your husband in the Court of Law.`

Regards,

1 Like

dr g balakrishnan (advocate/counsel supreme court) 23 April 2015

see you need to again book a tress pass case for they broke your rooms, then i like to ask you are you interested in the property or would you like to cut off all relations with them/.

ideally break all relations with them but if they do not have any income they might move sec 125 cr p c allowance on your husband if he is the only son , then you may might be ordered to pay a monthly allowance which could be to maintain them at a level of life you maintain yourselves, that way you could pay off, and get rid of their presence at your residence where you now stay out.

that is a better solution as your husband seems to be with you. that is boon to you, after all no one gets cake and eat it too you know i think mam!

1 Like

Advocate dishi (AM LEGAL) 24 April 2015

Dear all,

Thanks for your valueable suggestions....

@Mr.Utsav Ghosh...sir ...being a lawyer...i have compromised in every situation.....but it does not mean that i do not know anyrhing...i have taken appropriate way to maintain peace but ...what i have got at the end ...case against me n my husban without consideration any thing...i want to tell you that my husband are 2 brothers and three sisters.....one son is from second wife of my father in law...they have purchased the delhi property after selling property from gaya my father in laws father property,but unfortunately we do not have any proof...see i have cut off all relations..when his son broke my room and bathroom lock with this concern they are delebrately involving real son and that night i have left the hose with my 2 years old daughter on moral ground ...ki mera chota brother in law in sab chakkron main na padey....n i have cutt off all relation inspite of this they have filed case n published add for eviction this is totally defametion...now being a lawyer i can not tolerate this type of behavirour...being a bahu i have tolerated alot from every sid but being a mother and wife this is not acceptable...so pls help

@balakrishnan..my father in law is getting pension...they have blessed with 3 young son three young daughters......yes that is boon thats why i do not have any interest in property...but if someone delebrately will make issuueee on legal ground then reply is must....to keep them quite with respect...