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anononymus (Business)     11 August 2010

court order restraining entry into In-Laws house

We are senior citzens couple and have been going through tumoil, agony, acute mental pain, harassment due to abnormally aggressive behavior, misconduct, screaming etc of our daughter in law over the last one year while staying in our property. Four  months back, she  including our son living in a  dysfunctional marriage for the last one year and our grand children shifted to another apartment in our neighborhood. from the day she shifted to new location, she has been sending threatening SMS/Ccalls to us at odd hours just to harass and provoke us to take some action to implicate us in frivolus mattter.  In order to to save our life and property  from our  daghter in law,  we secured a court  order   restraining our daughter in law and her children to forceful  entry our house.

What can we do if one fine morning or at any odd hour, our daughter in law makes a forceful entery in our house with her children and refuses to go back to our son's house. Can we rightfully  request the local police to deport her and children to my son's house, which is her  present legal marital home and considering the restraining order in our hands. If the police does not act, what   we  can and should do against the  police?



 4 Replies

virender (advocate)     11 August 2010

tes u can take help of police provided u have the certified copy of the order of restraning order and ur dil is not having order of vacting that order. u can also file contempt proceding if such an attempt is made by ur d-i-l and if police does not help u u can also filed contempt proceeding against them.

1 Like

unique horn (self)     11 August 2010

sir since you already obtain order from court, you may lodge a compliant in police station and also file contempt of court to the same court from you get order or in high court

1 Like

Koumarish Bhattacharya (Advocate)     12 August 2010

In such a case, you may

1. File a case for contempt of the Court's order.

2. File a case u/s 107 Cr.P.Code for a temporary and immediate relief.

In case the police does not honour the Court's order, you may very well move a writ petition against the police under Article 226 of the contitution.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     12 August 2010

In such case you don't try to do anything to her.  Just file an application in the pending case u/o 39 r 2 of cpc for violating the court order and produce the proof that she is entered your house after obtaining the interrium order.

1 Like

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