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Seeta Kulkarni (none)     10 November 2012

My property


Respected Learned people of this forum, I am a 64 year old lady. 

 A couple of weeks earlier, The Family Court had passed an Order against my son  to hand over the keys of my house to his estranged wife, despite his pleading that he had shifted to another property and had no rights or keys to give her. The Court even allowed his wife to get a duplicate set of keys made from an outside vendor, in case he  isunable to give her the keys.

I have approached the same court with an application that

The court has passed an order against me (my property) without me being heard or made a party in the matter.My life is under threat due to the anti social activities of my daughter-in-law and she cannot be provided a keys of the house. I am  a senior citizen aged 64 years and ailing from various ailments such a  diabeties, high Blood pressure, Sponylytsis, arthtritis, Thyroid etc. My daughter-in-law's behavior has made life hell for both of us,

The Hon'ble judge has accepted my application and has given a date on an urgent basis after Diwali. He has asked for case histories and Citations of any precedent cases, wherein I  can be made a party to the ongoing divorce petition and thus can be heard. 


My lawyer has informed the judge that i and my husband have disowned my son  who has shifted out to a rented flat. However, my daughter-in-law refuses to move out and has occupied a whole floor in my property. I had filed a case in city civil court in mumbai 1.5 years back.  against my son and daughter-in-law to evict them as their constant fights and abuses were taking a toll on my and my husband's health  and ruining the atmosphere. .My grandson stays with us, so can my son come home to visit his son after being disowned?


I request all the Learned members of this forum to help me with any earlier cases and citations that can help my application  to be heard in the ongoing Divorce petition being contested by my son and daughter-in-law


 3 Replies

Self service (None)     10 November 2012

This is error, court can not take any decision on Mother in laws property in divorce case.

What makes court that property belongs to your son.

I think you should go to High court and appeal against judegment as court has no right to pass judgement on your porperty.

Also figure out who "claimed" this property if your daughter in law claimed or submitted false information, file a police compliant.

Also please contact good lawyer and go Woman's commission.

Chetan Joshi (Advisory/Advocacy)     11 November 2012

The trial court has made an error in assuming your house as his matrimonial home...I presume that you or your husband is the owner of the house and the said property is not ancestral....


Take a stay order from the higher court and make an appeal for the same...


The place of visitation can be altered/fixed when granted visitation rights.....


Have a good lawyer do all the needful...





Seeta Kulkarni (none)     11 November 2012

My grandson is 19 years old. Will my son need visitation rights to meet his adult son also?

I and my husband have already hired a lawyer who filed this application in family court. Can anybody please suggest any past judgements that can be used as citations. My daughter -in-law had filed domestic violence Act against my son and me to seek right to residence in my property.. However, i have not received any summons in my name. 

How can we( me and my husband) get rid of this chaos? We are old and not well. We had disowned our son hoping if he moves out, there will be peace. But my d-i-l creates ugly scenes in the house al the time. Please help. My grandson has become very brash and rude seeing the atmosphere at home. he is appearing as the main witness against his mother also.

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