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Judgement_Day (Supervisor)     20 February 2010

human rights or other authority

 

hello guys..

i want to know what role does human rights or other organization plays in family dispute.

my sister in law is harrasing my entire family, my brother is not staying with us since 3 months,her wife is refusing to stay with my brother,she is staying with my parents & harrasing my family, recently she had thrown steel glass which hitted my mother forehead and started bleeding, police didnt took any effort to lodge FIR, at last we filed a criminal case against her,but i know it will take a months or maybe years of time in court. we dont know what to do?

will human rigths people or any other organization will help us?

we want my brothers wife to shift to his husband so atleast we can leave peaceful life



 16 Replies

Guest (Guest)     20 February 2010

One thing I am quite sure that you do not approach National Human Rights Commission or State Human Rights Commission, because they will not help you in this matter. 

Family laws will not help you because all of them are meant for to resolve disputes between husband and wife and not the disputes of inlaws.

I suggest one thing.  Your father and mother file a civil suit restraining her to stay in the house and seek temporary injuction (stay order) in the civil court.  If your brother is not living in that house and he does not have any inheritence rights, she does not have any business to live there.  If she approaches under domestic violence Act for her right in the shared household, we will see whether she acquires any right as such.  If she does hold such a right, then also a particular portion of the house can be partitioned for her stay, so that in day-to-day she may not create problem to you people.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     22 February 2010

Obtain stay order in the given facts.

Judgement_Day (Supervisor)     23 February 2010

sir,how long does it take to file civil suit injuction orde?

Guest (Guest)     23 February 2010

within two days.

Hardik Mehta (Family Counsellor)     24 February 2010

JD,

As suggested file the injuction. Once the injuction is granted, even temparory, DV case will not have any value and can be dismissed totally. Even 498a will not stand since she has already got the criminal case. I know it will take years, and you should be patience. You can apply the divorce on the grounds of cruelty.

Guest (Guest)     24 February 2010

I differ with Mr. Mehta's comments.  Interim injunction is to protect your family members from harassment, if there is any.  It does not have any relation in Domestic violence Case and Section 498-A case.  They will run independently and they will be decided on their own merits.  By getting interim injunction in the civil suit, you will not be protected in those cases.  You have to contest them independently on their own merits.

Judgement_Day (Supervisor)     12 March 2010

what is injuction order? how it is benificiary in my case, after filing injuction order how long it takes to pass the order.

and rajkumar sir on what i can file stay order?

 

thanks

Guest (Guest)     13 March 2010

Stay and injunction order are same.  You file a case and temporary stay will be given on the same day or with8in 15 days of the filing of the case.

Judgement_Day (Supervisor)     13 March 2010

thankyou prabhakar sir will talk to my lawyer for same.

will this benefit to my older parents? she has also filed a vague case against my family under DV Act.

Thanks

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     13 March 2010

1) "recently she had thrown steel glass which hitted my mother forehead and started bleeding," - have you obtained medical report.? if not obtained it first.

2) "at last we filed a criminal case against her" - good.

3) is your brother indirectly keeping is wife in your family with intention to disturbe you?

4) her husband's residence is her matrimonial home. what she doing in your family?

i hope you got the points.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     13 March 2010

going to human rights are next step. when police refused to accept fir, which is compulsury to accept -  you may go to higher authority of police.

Judgement_Day (Supervisor)     18 March 2010

sir,what all proofs to be provided to magistrate for granting injuction order in my case.

Guest (Guest)     19 March 2010

The case has to be filed before civil judge.  You have to show that the ownership and occupancy are with your father or mother and your brother does not have any right in that property.  Your brother is staying somewhere else, which is the matrimonial house of your sisterinlaw.

Judgement_Day (Supervisor)     05 April 2010

we filed criminal case aginst my sister in law, court has granted summons but surprisingly they gave us court date on october month, i dont know is this the law? we have provided all proofs but still we are being harrassed. Dont know what to do now.She is still staying at our house & harrasing my family, 4.5 month passed my brother is still staying seperately. police officers are also torturing us.

Experts please guide us.


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