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Seeta Kulkarni (none)     15 November 2012

My property and domestic violence

 

 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.

 

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.

I had posted this query earlier as well, but we did not get clear replies. please help. the court date is just after 3 days.

 


Learning

 17 Replies

stanley (Freedom)     15 November 2012

What is your sons lawyers doing ??  you should kick out your Dil and your son too out of the house as you have disowned your son . They dont have a right to reside in your property . As your son has taken a rented place his lawyer should convey to the court and plead for her to stay at the rented accomodation . 

I presume she is eyeing your property as it must be having a high value ;)  

As your son is a major and he has crossed the age of 18 ys he can form his own independent descision to visit or stay with youll when everr he wishes or pleases . since visitation or custody is granted only upto the age of 18 and as he has turned into a  Major now he can form his  own independent decison and visit him outside away from your place as you have disowned him . 

Tajobsindia (Senior Partner )     15 November 2012

1. Mumbai HC itself has passed 3 Orders in past which secures your property rights. Ask your lawyer to dig out them and present to Family Court which is binding in nature. If he is not able to find out judgment of Mumbai HC on similar facts then change Lawyer and ask him for refund of professional fees paid by senior citizens before the next date of hearing itself.

2. The order of FC is without Jurisdiction and bound to be set aside. Your son's Lawyer should have filed property documents and his rental documents accordingly so that such adverse Order could not have been passed. A 19 years old can be easily cross examined and for the same let your disowned son's lawyer handle such matters. Your work of disowning is now absolute and you should not worry on this count. First worry on your about to go to DIL own self property.

3. On your question of visitation rights of your son with his son, it looks strange to me that you will ask this question on behalf of your disowned son. Let your son approach us as he is been disowned by you. BTW there is nothing in Law on visitation rights of major age children ! it is tricky handle and for the same let your son pose a question to us we will reply to him.

At the end if you donot get citation that does not mean experts here are not interested to reply back. it is simply that once you hire a lawyer and pay him legal fees it is his bounded duty to dig citations when such citations clearly exists from Mumbai HC itself.

 

Ranee....... (NA)     15 November 2012

Why you need the whole property in this age?

Your daughter in law's son can live there, to meet him his father(your son) can come to your place(whom you disowned...how funny!) then why your DIL can not stay at your place?

I think you need peace in this age.In my view the grandson will be the cause of your peacelessness..so let him go with his parents and live peacefully.Why only disown DIL(practically)?

or forget these modern Star plus Sasumaa type tacticks to separate DIL from your son.Don't break your son's home;).

1 Like

Seeta Kulkarni (none)     16 November 2012

Mr. Tajobs and others, The order states that she(my d-i-l) should be handed the keys under Domestic violence act. However, her application was not filed under domestic violence. She had made me a party along with my son, in  her domestic violence case. However, i did not receive any summons. Can i be involved directly in this case through d.v? Please clarify. 

1 Like

Ranee....... (NA)     16 November 2012

What reliefs she has sought under DV Act?

Tajobsindia (Senior Partner )     17 November 2012

@ Lady,

In my previous reply I categorically said under para 2 a FC running Divorce proceedings has no Jurisdiction on question of "right to residence" or even give the same as status quo.

In Mumbai FCs' DV is still handled by Magistrate (Mahila) Courts hence when
R-T-R which she filed under DV Complaint case arraying you as R2 then again she has no rights for simple reason the husband is not living there and the property is not in husband's name and r/w that 1.5 years old injunction civil case you instituted. All these three are material for DV Court not to maintain status quo and then Hon'ble SC Judgment in S.R. Batra and another vs. Tarun Batra as well as Mumbai HC's Judgment in Smtl Hemaxi Atul Joshi Vs. Smt. Muktaben Karsandas Joshi & Anr. further read with D HC's Neetu Mittal Vs. Kanta Mittal and Ors are enough to frustrate her acts.

I am surprised your civil lawyer and your son's lawyer donot know all these case laws and logics! I am also surprised why injunction was not pressed in earlier Civil case that you say to us you filed against them 1.5 years ago?

Yes a woman now can be made respondent in DV Complaint case. Though you may not have received Notice and Complaint copy as you inform to us, yet being aware of the same now it becomes your duty to find about the case proceedings or else it will go ex-parte against you if your representation (via a pleader of yorus) are not proper as it also involves crucial question of R-T-R.

However all the best as it seems this week the case is put on board.

[PS: Pls. do not tell us that Mumbai FC ld. Judges donot know R-T-R laws and askign you to bring precedent as you say in above post Infact they were the once who started this trend under pressure from Lawyers Collective and Mazalis NGO initiative to kick start the campaign on grabbing in-laws properties which metro wives were not getting earlier under Succession Laws if my history class memory on DV Act timeline still serves me correctly.] 

R-T-R = Right to residence

[Last reply]

Seeta Kulkarni (none)     17 November 2012

Thank you Tajobs. Regarding the civil case, which we filed 1.5 years back, my son never contseted the case and moved out 6 months back. But my d-i-l contested the case since beginning and filed an application that this case does not come under the jurisdiction of this court. then she stopped attending the hearings for 4-5 months and her lawyer always sought delayed dates. Then the court had vacations and judges were shuffled. The new appointed judge only gave dates for the last 4 months. My son visits his own son at our house as his office is alos nearby. My d-i-l has been taking his pictures all the time in my home to prove in courts that he is still living here. Sometimes, he even eats at our house if we insist.By making his videos, she wants to prove, that since the husband is living here, my house becomes her matrimonial house and shared household, so she should be allowed to reside here.


(Guest)

@ raanee ....... MIL has full right to decide how to live in her own self acquired property . Dont act like Rashi bahu of star plus who keeps an eye on other's belongings .  DIL is married to her son not to her property .... and its fair to play counter - tactics with greedy bahus :)

Ranee....... (NA)     20 November 2012

but disobidient son...so disowned by own parents and thrown out to rented place..now he takes food with his parents...:D

you dont react like a Shakti kapoor Gunjan!!


(Guest)

Having food with parents is not crime Raanee urf Shashikala .....if it is than you do this crime everyday .....u criminal !!! He he he

Seeta Kulkarni (none)     22 November 2012

I would request you both, Ranee and Gunjan, to avoid posting on our mail. Our situation is not a t.v serial to be made fun of by people who seem to here only to gossip and have fun. Please respect the plight of senior citizens and let other wise people reply. Please keep out. 

Ranee....... (NA)     23 November 2012

@Seeta Kulkarni,

Madam,

I read a Delhi high court judgement here where Judge ordered girl's parents not to interfere in  their daughter's married life.I found similarity between that judgement and your case.

This is my humble request to you if you have disowned your son and made him live in rented place then let them live their alone, so that time passed with each other there may resolve their issues of diffrences.

Also kindly note that this forum  is not a part of that exclusive property of yours(! ),  and don't make mistake that I am your DIL who will go out of this property! BTW mother in laws are always Senior Citizens...

1 Like

vijay (M)     23 November 2012

Madam,

Please be guided by the posts of Tajobs in this case.  Your property is exlusively yours, and you are entirely within your rights to allow or disallow anybody to come into your house.  Your DIL has no business in asking anything from you.  The DIL is NOT your liability at all and you have every right to throw her out.

rajiv_lodha (zz)     24 November 2012

U lawyer has messed up a simple case. Another mistake was that DV case remained unrepresented from ur side. Though law is on ur side but journey now is uphll.......as DIL is in pocession of property. U can remove her only by due process of law.......& it may very well take years 2gather



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