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Judgement_Day (Supervisor)     15 January 2010

shared household

My brothers wife have filed a false case against domestic violence act...Property is in the name of my parents (me,brother paying emi for same)they are senior citizen having health problems.Due 2 daily quarrels by her wife my parents told my brother & her wife 2 shift 2 other place,now brother informed her wife for same but she bluntly refused to shift, my brother anyhow shifted alone and residing at nearby rented house without her wife,his wife is staying at our place quarreling,torturing my poor parents,she wants flat on her name on ownership basis.can we remove her from my parents house legally during DV case going.brother is staying alone at other rented house since last 2 months,and her wife dont have any mercy.As me & brother paying emi for same can she claim property right. What things to be considered now.



 22 Replies

R.R. KRISHNAA (Legal Manager)     15 January 2010

Try to settle the issue peacefully with your sister in law or if you feel that that situation is out of hand then your parents can strictly tell your sister in law to vacate the house and join her husband or lodge a police complaint.

N.K.Assumi (Advocate)     15 January 2010

Ask your brother to file RCR and if she refused filed a acase for Divorce as her conducts amounts to mental cruelty.

Arvind Singh Chauhan (advocate)     15 January 2010

File a civil suit through your parents. She has right to share house hold only on paternal property, and only on her husband's property, not on the property of parents which is self acquired by them.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     15 January 2010

all the above are good suggestions. try it. must. do rcr; and tell him to take back her wife to him.

Dilip Kumar Borah (Manager-Land)     15 January 2010

 It would be better to settle the dispute amicably. Filing  a civil suit or divorce should be the last resort.

Judgement_Day (Supervisor)     15 January 2010

thanks for reply

but my lawyer is saying filing of RCR is a bit risky..is it??

Judgement_Day (Supervisor)     15 January 2010

sister in law side are also trying to file 498 against our family is it possible along with DV?they have completed 7years of marriage...will DV get quash if they file 498??

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     15 January 2010

on what ground yr adv told it risky? is yr brother willing to go for divorce? then it is really risky because there is a chance of her return to her matrimonial home. it is also possible to resist rcr, she prayed for 498a or dv. another thingh she may claim for maintenance alongwith 498a. generally these three steps taken against a rcr. 498a and dv simulteneously possible. quashing is possible but based on the grounds and matter. dowery act time limit is 7 years not dv.

Hardik Mehta (Family Counsellor)     15 January 2010

J-Day,

Your brothers wife cannot stay in the shared household, nor claim the ownership of the parents property. This is the settled law and the landmark judgement of Batra V/s Barta describes the shared household. She can file 498a at any time, but this will not be successful since after the husband left the house, still she is staying in the same house, giving the indications of the ulterior motive. On other hand, your parents can file the restraining orders and injuction against your brohers wife if she tries to do something silly and inplicate falsely in the criminal case.

 

DV will not be quashed if 498a is filed, but if the charges are same and she did not get anything from DV then 498a can be quashed easily.

Judgement_Day (Supervisor)     15 January 2010

sir i have read batra case, but in this i and my brother is paying emi as we bought home thru loan.But house is in the name of my parents.Does she claim for right to residence as it is a joint family fund.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     16 January 2010

after your parents , she can claim as ancestral proprity. before that they should take a proper decission

Arvind Singh Chauhan (advocate)     16 January 2010

It dosen't matter that who is paying emi.

Hardik Mehta (Family Counsellor)     17 January 2010

Since the house is in the parents name and you brothers are paying the EMI, this will be seen as the family support. As long as the house is in the parents name, she cannot claim ownership, unless you claim. She will not also get the shared household right as the court does not see who has paid the money.

Judgement_Day (Supervisor)     17 January 2010

thanx to all experts that was valuable information

1 more thing my sister in law has dragged my mother & father as an respondent in DV.Can i appeal the court in removing my mother name, as it is mentioned in DV women cannot file case on women. And even my father is suffering very badly thru parkinson disease & he is a senior citizen is there any senior citizen act thru which i can remove him from case?

Can i appeal the court to remove mother & father as an respondent?
 


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