Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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haleema (Law Student)     05 June 2011

father in collusion with son to deprive marital right

Dear learned members,

Case History: Mr. X married Miss Y under the HMA. Mr. X with his family member from the very inception of the marriage tortured Mrs.Y for dowry. After the birth of a girl child, from the wedlock , Mr.X and his family members forcing Mrs. Y to leave the house.When Mrs.Y denied,Mr.X's father with collusion with him,declared disowning his son from his self aquired property and published in the newspaper.

After a few days the father of Mr.X filed a suitagainst his son, daughter in law and her family members  under sec 39 rule1 &2 RW sec 151 cpc  for decree of permanent & mandatory injunction to vacate the property.

After 9 months Mr.X was ordered by the honorable court to vacate the premises.Simultanneously for namesake Mr.X has got a rented house in his name but is still staying with his parents.

The honorable court asked MrsY to vacate the property as she does not have right on the same when the husband has vacated the premises.

It may be noted that Mrs.Y has not yet filed any case till date against her husband and his family members and has been knocking the doors of various Mahila samities without any remedy.

Lastly Mrs.Y is still staying in her maternal home subjected to various and several tortures only to preserve her right of shelter in the matrimonial house

1)Can a father in collusion with the son, disown him from the paternal property so as to deprive Daughter in law from the matrimonial right over the property?

2)What is the remedy for a victimized Daughter in law to get her right back under these circusmstances?

3)How to prove the collusion betweem Mr.x and his father?

4) Hiw to put these type of family behind the bars?

4) Under what section such collusion and ill motive of disowing the son from the property can be proven and challenged before the court?

5) What should be the further course of action for Mrs Y?

Urgent replies please!

Thanks & Regards,

Haleema 



Learning

 7 Replies

G.Nagarajeshwar Rao (Advocate)     05 June 2011

Why should live "Y" along with such type of persons?  

haleema (Law Student)     08 June 2011

Sir Y does not want to live with them...but as specified earlier she had been knocking various mahila samiti doors for mediation and did not file any case! 

danish (Manager)     11 June 2011

Haleema dont forget even y is entitle for her property share in her parental home as per muslim shariah, 90% of women just misuse this law to earn money and property from innocent husbands. This women are v v cheap and go to any level (this shows from which cheap family they come from ) If y is so keen in property share so ask her 1st to take her share from her parental home ok.

Adv. Chandrasekhar (Advocate)     12 June 2011

Ms. Haleema,

you raised very important question. kindly let us know whether it is moot court question or real question faced by some litigants.  If it is latter, then we can ponder over to find out the solution.

best wishes,

haleema (Law Student)     15 June 2011

It is a real question faced by some litigants

haleema (Law Student)     15 June 2011

@Danish...this is not muslim shariah ..rather HMA.....next...Y is already staying with her parents after x's father threw both of them out.....and debarred his son from the will.....3rd... y does not want a share of the property but her matrimonial home to be either reinstated or an abode for her and the kid

Adv. Chandrasekhar (Advocate)     15 June 2011

please find enclosed judgment, which was passed after hon'ble SC judgment of Tarun Batra and distingished the facts and allowed the DIL's shared household rights in the property held by in-laws.  I hope this judgment will solve the problems raised by you in your questions.


Attached File : 120332 187161 46 srb20122010s5052010.pdf downloaded: 173 times

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