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Gaurav (Agent)     23 March 2013

House belongs to mother can be a matrimonial house

Hi,

My mother is facing lots of problems from my brother's wife.

Daily she abuse my mother, fights with her & she also file false complaints in women cell against my brother & mother.

She doesnt want to stay with her. My question are below.

1. My mother can file a case against my brother & his wife to vacate the house as she is the sole owner of the house. She bought it 3 years back.

2. As my brother's wife staying in the same house after marriage. Can she also having a right to stay in the same house.

3. If  my mother files a case against them how much time it will take to get the eviction order against my brother & his wife.

Thanks



Learning

 16 Replies

Reformist !!! (Other)     23 March 2013

@ Gaurav- Yes your mother can file injunction suit against both ur brother and his wife. Being a sole owner of the property she has every right to lead a peaceful life as a citizen of India.

File it immidiately, i return ur sis in law may file complaint regarding 498a. So be cautious and act smartly. Start gathering all proofs that she is being cruel at home, like doing video recording when she is creating a scene at home, try installing cameras in ur house and may record everything.

Interim order for injunction is almost immidiately passed in 1-2 dates.

1 Like

Gaurav (Agent)     23 March 2013

Thank you Sir, Would like to give additional info. As of now my mother she is not residing in the same house as my bro's wife threaten her to get her jail in false cases. Video Recording is not possible. But i have many audio recording.


Please also advice if audio recording (Phone calls) will be suffice to prove that she is doing cruelty against my mother.


Please also advice if my mother file a case against them how much time it will take to get the order from court.

 

Thanks

Gaurav

Reformist !!! (Other)     23 March 2013

Gaurav, you need ur mother to get back into that house first.

Then file a case of injunction. You can show audio recordings, but in original format ie if u did so in mobile, u shud not transfer them in laptop or something else. So the recordings shud be in original format.

Ur bro can buy a pen camera or else a watch spy camera and do the video recordings too....Else audio is also good, if u keep them in original format.

Interim Injunction u can get in 2-3 dates. It all depends how ur lawyer put up the case. If he forces the judge to give a status quo order right away, judge may do so, it all depends how ur lawyer represents ur case.

1 Like

Gaurav (Agent)     23 March 2013

Again Thanks :)

OK Sir,  getting a very much positive vibes from your replies... Thanks a lot :)

Could you also suggest a good lawyer for Karkardooma Court, Who can get the order for us. As you said.

Thanks

Reformist !!! (Other)     23 March 2013

No idea about lawyer in Karkardooma  court.

You can check lawyers in this forum or u have to find someone out there :)

Gaurav (Agent)     24 March 2013

Sir, i have contacted 1 civil lawyer. He told me it will take around 2 years to get the orders in our favour.

Please suggest urgently.


I am very much fed up with activities of my bro's wife.

 

Thanks

Gaurav

Adv Archana Deshmukh (Practicing Advocate)     24 March 2013

@Gaurav

It depends upon your lawyer how fast he persues the case however, you should take note that court matters do take some time as the court has its own procedures. If your brother's wife is too much abusive and its getting difficult for your mother to put up with her then, besides the civil suit she can also file a case under the domestic violence act against her daughter in law and seek protection order

1 Like

Gaurav (Agent)     24 March 2013

Thanks Mam,

I have  a question.. someone told me that a Domestic Violation act can not be filed against a women. Is it right?

Or now some amendment is there?

Please confirm as my mother is not safe there because she can do anything against my mom (Can beat her, put some false cases etc.) And she cant even come out of the house as some lawyers advises her to stay in a same house.

Please reply will be highly appreciated.

If possible please share your contact details

Thanks a lot

Gaurav

Adv Archana Deshmukh (Practicing Advocate)     24 March 2013

No you have got a wrong informataion. As a matter of fact, DV case can be filed by a women against a woman. The act is not only for the protection of a wife but for any woman in domestic relationship and can be filed against a woman eg. a DIL(woman) can seek protection against a MIL(woman) and vice versa.

As far as contact details are concerned you can send email on: adv.archana@ymail.com

1 Like

Gaurav (Agent)     24 March 2013

Thank you very much Mam !!!

Realy appreciated your reply & your services to this portal..

My last quest : any other action my mother can take against my bro and his wife to get the orders as earliest.

I have got lot of knowledge regarding the issue... Thanks a lot

Gaurav

Gaurav (Agent)     24 March 2013

Mam,

My Last question : Is there any other action my mother can take against her to get the house vacate as earliest.


Thanks a ton


Gaurav

Adv Archana Deshmukh (Practicing Advocate)     24 March 2013

Ask your mother to file a civil suit to evict her DIL from her house and simultaneously file a DV case and seek protection order against her.

Reformist !!! (Other)     24 March 2013

No gaurav, u can ask ur lawyer to pray for Interim order fr civil injunction which can be issued by court in 2-3 dates.
So no need to wait till 2 years. 2 years will be for final order.

Gaurav (Agent)     25 March 2013

Thanks Sir, Please also confirm if it is easy to get interim order for civil injunction as you said. I realy need a good lawyer for Karkardooma court (EAST DELHI).

Please suggest any Lawyer for good lawyer who can help us to get interim order.

 

Thanks

Gaurav

mail id : curan85@gmail.com


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