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.