Civil Procedure Code (CPC)

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Sreedhar Sunkara   14 September 2021

Section 6 hindu act

Dear Members, 

 

 I am facing harassment from my neighbor. to get into facts, I have constructed g+4 floors in Approved layout and took all necessary permissions and I also paid the amount for deviations and got possession and occupancy certificate after regularization. I also paid Property tax, water connection tax. After more than a 1-year neighbour who is prejudice about my property file OS suite in PJCJ court seeking IA to stop raising the compound wall, demolish my house such a way that he will get sufficient light and ventilation(The easement rights does not apply for neighbour as two plots are different and he constructed his house 18 years back) etc etc. 

 Now in the said Suite neighbour's wife is representing as guardian for two minor boys. But my question is two sons are mionors and they belong to hindu family, father is alive. As per Hindu Act section 6 father is primary member of family, when father is alive and transfered property to his kids as gift, he can not escape from his responsibility and violates laws and shiled his wife in filing case. 

 Now can I raise an objection before the court that along with mother, as father alive and as per Hindu act sec 6 father should also be one of the deponents and should file an affidavit before the court?  The reason is very simple the litigant also should come to court and face the consequences of filing a false case. Because as soon as case disposed before lower court he keeps move to higher court, if he is deponent he should also face consequences. 

 If there is another way to add deponent, please suggest. 



 8 Replies

Dr J C Vashista (Lawyer)     15 September 2021

The facts posted involve multiple issues. Consult a local prudent lawyer for professional advise and necessary proceeding.

Sreedhar Sunkara   15 September 2021

Sir i am only asking, Deponent husband is the guardian should also be one of the deponent. I am supporting my statement based on sec 6 of hindu act. What is the process?

G.L.N. Prasad (Retired employee.)     15 September 2021

The Act if any applies to the family members, and any one of the persons that are not comfortable with your structures may file a case. Finally, you can only defend the case through a local advocate on your merits as your building has got all approvals and permissions. It is left to the court to decide on facts.

Sreedhar Sunkara   16 September 2021

Sir if any of family members are not comfortable then it might be ok. But case is filed by minor boys and their mother as guardian. In this case as per hindi act father can not shrink his responsibility. This is my point. I am just asking possibility of adding father as deponent

G.L.N. Prasad (Retired employee.)     16 September 2021

Defend on your strong points, instead of demanding the locus standi of the petitioners. It is the court that has to decide as such cause of action stated in petition/plaint affects the petitioners/plaintiff in that case. Many of the old generation people prefer to die rather than stepping in court, as no one in the family knocked on the doors of the court. That is an individual option and members are not aware of the constraints of the father.

Sreedhar Sunkara   16 September 2021

Sir the litigent is 40 years old. He filed false suite but in the name of children keeping his wife as guardian. I want to pull him in to os suite and file perjury.

G.L.N. Prasad (Retired employee.)     16 September 2021

First, defend the suit filed against you.

Sreedhar Sunkara   16 September 2021

I already appointed advocate, he is not cooperative for perjury.. Hope you got it..

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