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ujjwal saveliya (Nodal Officar)     05 August 2016

False domestic violence case against my family

My bhabi case  under domestic violence against my mother and father and brother and me in rajasthan. my elder brother (Bhabi husband) left home one year back. because she always make issue in home and most of time called police. even we not doing any thing. my father is government employee. my father also fear about his job. so my parents leave parental home and stay out side on rental last one year. because daily my bhabi make issue and called police. so my parents left home. she stay with her 7 year daughter in that parental home. i m also working in government job in delhi. Now she case against my parents and me and my another brother for domestic violence. she asking money for her and her child from my parents. she make case that she want to stay parmamnet my parents home. even her husband not stay with her. he stay some other city. biz he fed up from her. our house occupied her. we are facing domestic violence case even we stay some other place on rental. advice how we solve this problem. she want money and properties from my parents.



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 7 Replies

Sanjay Gautam (Advocate)     06 August 2016

Contest the case and laid all the facts before the Megistrate, or settle the issue mutually with your bhabhi.

Sonia malhotra   06 August 2016

If the peoperties are in the name of parents then howsoever your bhabhi pressurises she can only claim in the assets of her husband.your parents can disown your brother and file a suit for possession against her showing that they themselves are on rent and she is enjoying their property Sonia malhotra 9953611602

Vijay Raj Mahajan (Advocate)     06 August 2016

Right of residence by the woman can be implimented and executed against the husband only not against his parents of other relatives, Supreme Court of India has clearly held this in S,R, Batra case.

If your Babhi is troubling you all and her husband lives in another State/City, let your parent's in whose name the property stand get her out from the court by filling suitable petition for her eviction from their house.

It's absolutely foolish to allow her to live at your house while her husband lives in another place,

Subodh K Tewari (Income-tax & Civil Laws)     06 August 2016

Agree with Sonia Ji and Vijay Jee.

Women can not claim right in properties of in-laws but only in her husband's.

Your father should engage a good lawyer and can also file a suit for posession of his house if that is his self earned property... after that, perhaps, things should turn better.

Nothing much could be said in reply to the given details.

ujjwal saveliya (Nodal Officar)     06 August 2016

can i file case against my bhabi as man hani . bcz she said that  26th june 2016 i abused or beaten her. but i m working last 5 year from another city and 26th june 2016 i m travelling from delhi to chennai by flight for one week office work at chennai. when i was not there where she was stay that city. she given my name as a flase in domestic voilance case. so that she can harm my goverment job. can i file aginst her as man hani case.

Vibha   06 August 2016

  1. Defamation does not apply in situation you have described.
  2. The fact that you were not in city when she has claimed incident of violence will help you and your family to prove that her case has no merit.
  3. Keep evidence of your flight and mention this fact in your written statement in court. 

Subodh K Tewari (Income-tax & Civil Laws)     06 August 2016

Yes, there's no scope for defamation, yet you can think about filing a complaint for perjury u/s. 340 Cr. P.C. but at a later stage ONLY- NOT NOW. ... ONLY after she files Rejoinder, if any, and gives statement before the Protection Officer (and let the Protection Officer furnish report to the Court).


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