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J.K.SHARMA (ACCOUNTANT)     13 September 2009

FIR lodge in wc

hello every one:

my brother -in law who has filed a divorce case after one year of his marrige. he never lived with his wife after his marriege. his wife & her family come for this relation only for the property. he is the only man in the family. after file the divorce case she is making drama in home give call to police when ever she want and give thrate to the family mambers mother & sisters. now she file a fir in woman cell in which she accused her husband, his sister (unmarried), & other married sisters who not lived there. use to that all the relative dont visit the house due to terer. pls advise us what he do she was living in his house. after filling of fir she has the right to live there or not how we stop her entry in the house if she do some thing wrong we all are suffer court is also granted maintenance which we are paying. what we do so that all the family members life there happiely



 3 Replies


(Guest)

Refer recent Supreme Court verdict. That will help you to tackle with that lady.

Guest (Guest)     14 September 2009

By simply just filing divorce petition, he cannot throw her out of matrimonial house.  If the house is in his name, she has got a statutory right to have certain part of matrimonial home under "Protection of women from Domestic Violence Act".

You can move an application before the court, clearly demarcating some reasonable place along with toilet facilities, kitchen etc. can be given to her without alienating power, as you are apprehending that she may put you in trouble by injuring herself.  Both can live separately without having access to each other.

But I have got my own doubts, why he filed a divorce petition just after conclusion of one year? Why she was silent and peaceful for one year when they have cohabitated and is taking retribution only after his filing divorce petition?  Does not he guilty and he has other plans to marry another girl after getting divorce and waited for one year to fulfill statutory obligation of one year to file divorce petition. 

J.K.SHARMA (ACCOUNTANT)     14 September 2009

house is in the name of his mother & after regular fighting his parents give warning to them & after that they bey-dakhal both of them from his property after that boy was living other place but she is living there. after continues voilence his father expired due to shok now his mother & sister living there she is using all the house & material. she want proper the may be trf on her name. two time she withdraw her complaint for WC due to not lifting his house hold form there.now at last she again file complaint with WC saying that all the married or unmarried sister beat her & she has dout they burn her or give posine. if she is in so terer why she is living there. his aim to harres or give trouble to his family court is also grant maintenance over his income


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