My grandmother’s sister (A), who is 75 years old and unmarried, had been residing with us for 34 years. Some years ago, she left our home and began living with an unrelated woman (B). We initiated several legal proceedings to bring her back; however, they were unsuccessful, as she is an adult and legally entitled to stay with anyone of her choice.
Later, B unlawfully took control of A’s properties and subsequently abandoned her. A eventually surrendered at the police station, where the police informed us that either we could take her back into our care or she would be sent to an old-age home. We agreed to take her back and allowed her to stay in a nearby house owned by us.
After a few weeks, A began quarreling with us and started filing various false, self-contradictory, and frivolous complaints before different authorities, including the Legal Services Authority, the District Collector, and the Human Rights Commission. All these complaints were dismissed as baseless, and we have strong documentary evidence of this.
Subsequently, the Legal Services Authority appointed an advocate for A, who then filed a complaint before the Revenue Divisional Officer (RDO) against B. The RDO passed an order directing B to return A’s property. However, B, in collusion with the advocate, deliberately delayed compliance with the RDO order, apparently with dishonest intentions. We have reason to believe that the advocate accepted a bribe from B.
Following this, A, through the same advocate, filed a false case under the Domestic Violence (DV) Act against us. Based on the fabricated affidavit, the Magistrate issued an ex parte interim protection order against us. The allegations made in the affidavit are entirely false and illogical, and we possess strong evidence to disprove them.
We filed an application before the District Collector to expedite the execution of the RDO order. The advocate’s intention in filing the DV case appears to be to prevent us from pursuing the execution of the RDO order.Now A is merely a puppet in the hands of the advocate
The advocate falsely stated in the affidavit that the RDO had ordered us to return A’s property, whereas the actual RDO order was against B. Moreover, the affidavit falsely claimed that the RDO order had not yet been received, despite the fact that the order had been issued and received over six months ago. The advocate herself had signed the conciliation proceedings before the RDO and was fully aware of the true order.
Can I file an appeal before the District (Sessions) Court against this order?
Is it possible to approach the High Court directly against this order?
Can I request the High Court to issue directions to the Judicial First Class Magistrate to dispose of the case within 2–3 months?
Can I initiate legal proceedings against the advocate for filing a false affidavit? (She had signed the conciliation proceedings before the RDO and was fully aware of the RDO order, yet she falsely stated in the affidavit that the order had not been received and incorrectly claimed that the order was passed against us.)
Within what timeframe can I have this protection order revoked?
What other actions can I take?
