Upgrad LLM

urgent help at new mumbai


 

Dear Friends,

 

i am in trouble and our Indian law loophole is making impossible to get my own apartment from trespasser.

 

Well the story is that i bought appt from my Elder Brother back in feb 2010, (actual payments were made 2009) in same month i.e. Feb/2010 my brother got married. it is second marriage of both.

 

as my brother needed  some time to shift to rented apartment i allowed him to continue to stay at same place, his newly married wife joined him and they continue to stay...

 

Meantime their marriage didn’t work out. , Brother got to know that she was not legally divorced and she continued to get maintenance from previous husband and she had acquired previous husbands apartment from court under temporary injunction, stating that she has no place to stay...this was proved by her petition filled in July/2010 under oath stating that she is yet wedded wife of first husband and she is staying at same place which she got under temporary injunction. And this petition was filed against her first husband after five months of marriage to my Brother

 

It was found that her divorced was not accepted by her and she had challenged in court on which court has passed judgment sating as Talak Negative, and also order to pay maintenance of 15,000/- monthly.

 

All this facts were concealed from us by her parents and herself, but when we extracted the documents from court under RTI we were zapped.. We then further extracted more papers from court and found that she has files several cases and complains against her first husband which also include 498,

 

This was cheating with my Brother, upon which my brother called a meeting at home along with her parents and some others as witness and told them about the fact which she and her parents straight away deny that there is any case and that she is already divorced and etc etc..

 

But my brother tendered divorce as per Islamic law in front of witness and handed over divorce papers in Oct/2010

 

Now she refuses to leave the apartment and continue to stay there, she also shifter her parents and siblings in that house, Her claim is that said apartment ( which I bought from my brother before marriage) belongs to her husband so she wont leave on contrary she states that we cheated her by transferring the house.

 

If that was the case how come I made official cheque payments thru bank back in 2009 when she was not in picture? The registration was delayed as I was out of country and came down in Feb/2010 and processed all papers and got it registered on 10/Feb/2010.. Marriage took place end of Feb/2010

 

My brother filed criminal case against her and her parents in jan/2011 under which court ordered investigation to police under 156(3).

 

 Police took almost four months to take all statements of witnesses and all requirement documents like bank account statement, sales deed, etc etc and finally in May/2011 the report was ready and submitted to court. No date has been declared court as yet…

 

But the said report is neutral type, in said report per police stated all facts of her previous marriage, affidavit etc etc, but as per them is not criminal but its civil matter hence please proceed as per civil process.

 

Police has forwarded such report may be to save their face and seats as accused lady has used all loophole of law and made police go in circle.

 

She started making allegations on police officers to their higher level officers when she started getting calls from police to attend police station for statement.

 

She made allegations on officer following up our investigation, she made allegation on officer who was handling her 498 complain, she made allegations on many other believe about 5 to 7 officer including of ACP, allegation were made to Cp and DCP which kept police busy in reporting to CP and same time they got afraid and to save their seats they forwarded neutral report to court…

 

She also filed 498 against us ( total seven of us including my brother) after four months of divorce when she started getting calls for statement in our case..

 

while investigation was by police under 156(3) she was caught red handed in robbery at small shopping Mall. found some items in her purse, and main thing it was she only who called police when security at Mall ask to show her purse…

 

My question now after telling above story is how can police say this issue be a civil matter when accused lady is telling court after five months of second marriage that she is yet wedded wife of first husband, and that she continue to take maintenance for her and her child from first husband and same time she has also taken temporary injunction of apartment of first husband and in this affidavit she is asking for permanent injunction and increase in maintenance as she has no place to stay and has no financial support while all this time she is married and stayed at my apartment with her second husband.

 

She told court about second marriage only after once month of second divorce.

 

Now her first husband has filled new case after he came to know that she has already married second time and concealed the fact from court…

 

So my dear experts of law please guide me how to proceed in this…

 

How do we prove that she has cheated us and her intentions is only to take over my apartment

 

What best legal way I can proceed,

 

Can I file criminal case against her, I as owner of apartment having all legal documents on my name?

 

I know all will say file civil suit is best, but as you guys know civil will take several years and until then she continue to stay there..

 

Please please please please advise...

Regards/AK

 
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Dear Friends,

 

any advise from experts, i am in real trouble and stressed, need urgent expert advise on how to go about legally...

 
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@AK

She dont gave earlier divorce so the second marriage is null and void.

Law doesn't recognise these type of marriage so if she files 498a case then you give the proof about her first marriage in a court and said that she hide this fact and make fraud against us ,after winning that case you can file defamation case under section 499 of IPC against her  or give warn her that i will put defamation case against you.

You can file eviction suit against her under rent control act.

 
Reply   
 

Dear Kushan Vyas,

noted regarding 498a, infact its pending with police over 3 months now and yet its under investigation and yet chargesheet to be filed by police... lets see what next in this 498a, infact said lady has made alligations on investigating officer of said 498a

Regarding Evictions suit, its Civil matter and Civil matters takes long years to get judgement and after that also i beleive accused is given option to apeal to higher court and it may go on, untill then my property will be under her custody..

I like to know which is best suit i can file and which suit can give faster results in court?

secodnly what is court fees sturture when filing suit for eviction..

 Regards.

AK

 
Reply   
 
LAWYER-ADVOCATE

SIR,

KINDLY NOTE THAT

1.HOUSE IN YOUR NAME. SECOND WIFE OF YOUR BROTHER FROM WHOM YOU BOUGHT THE HOUSE,HAS FILED CASES AGAINST YOU ALL.

2..YOU MAY KINDLY FILE A CRIMIAL WRIT PETITION IN THE HIGH COURT FOR QUASHING THE FALSE COMPLAINT AGAINST YOU AND ALL.YOU MAY MENTION ALL FACTS AND ALSO ENCLOSE CERTIFIED COPIES OF PENDING CASES AGAINST HER FILED BY HER FIRST HUSBAND AND ALSO MAINTAINENCE CLAIMED BY HER FROM HER FIRST HUSBAND.

3.FOR EVICTING HER FROM YOUR HOUSE YOU MAY FILE A CIVIL SUIT FOR EVICTION MENTIONING ALL FACTS AND GET THECOURT ORDER.GOOD LUCK.

YOU MAY WRITE AND SEND ALL COPIES OF PENDING CASES .WILL HELP YOU.GOOD LUCK.

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI) ADVOCATE


Total likes : 1 times

 
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better u file a suit for eviction against that lady, being in permissive possesion of ur appartment. ur brother has all the rights to file a criminal complaint against her.

the only remedy with u is to get back the property by way of eviction pettition.

ashwani vij 

09810400448

 
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