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Sangram (BD)     22 February 2012

Dv case

My Brother left our house in 2007, he is not staying with us since then we have also issued a public notice in local newspaper  stating that my brother is separated from my family from 2007.

In mean time my brother got married in 2009(we are still not aware that he is married), now suddenly(in 2010) his self proclaimed wife comes to us and inquires about my brother stating that he is missing, we were shock to hear that. some how i contacted my brother but he said they are not married but just living together she has no written record about marriage.


Now in Jan 2012 the lady filed a private suite of Domestic voilence making my brother Respondent no.1 & my Father Respondent no 2. in the notice she mentioned falsly that she after getting married in 2009 stayed in our house for two months which is not true. now she is asking court to intervien and allow her to live in the matrimonial house which owned by my father & also asking for maintaince.

My brother as said is still not staying with us from 2007. how is my father held accountable & held as respondent number two.


Could any one please suggest what can be done for deletion of respondent no 2 from the notice.



Learning

 2 Replies


(Guest)

 

Seems this lady is interested in House owned by your Father :-)

 

 

 

Don’t worry!

She can only meant to harass at this point, since there was no shared household Relationship between your father & her you can apply for Discharge application in same court under Sec 239 to get your Father name removed. There are Judgments available where it says.

 

  1. Daughter in law has no right to over parents property (for that first she has to prove the marriage). Even she prooves her marriage she has no rights over parental property since its Live in, She can only claim from your brother NOT from your father

     
  2. Since there was no Domestic relationship between Father and this Lady, it can be easily removed. Using High court judgments.Use HC judgments

     
  3. Show to the court your brother has itself no relation and no whereabout since 2009. Cuttigs of Newspapers, this will weak her case.

 

Once you come out from this,  don’t forget to file perjury (Crpc 340) & defamation (IPC 499/500) , as this is clear misuse & abuse of law

Sangram (BD)     22 February 2012

Thanks a Lot!!


it would be a great help if you could provide any refrence case or Judgement with the mention scenario.

 

Regards


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