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sanjeev rajpurohit   25 November 2021

Sons wife problem

my son marriage was on 25/04/2021, and from 03/08/2021 his wife live our house and on 12/08/2021 we request her father to sent his daughters to our house but he refused . we along with my wife and my son visited his house but he again refused without tenable reasons.

on 07/11/2021 at 10.00pm my daughters in law came near my house and try to gather my neighbors and ask them that we are not giving our house to her.  

now she along with her family member defaming my son that he is important. 

we get the medical of my son which is normal 

we have also information that they try to case 498 a  but no proof of harassment at our end 

looking to her this act we are not interested to call  back at our house  

please guide 

 



 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 November 2021

send a legal notice to join in your matrimonial house. 

Shashi Dhara   25 November 2021

When she came near your house and gathered neighbour s u wud.have videoed for proof ,next collect evidence for her harrasment .

SHIRISH PAWAR, 7738990900 (Advocate)     25 November 2021

Hello,

Filing false cases is cruelty that can be ground for divorce. You have to prove all her allegations false in court. 

I will also suggest resolving the disputes in a mutual meeting or in marriage counseling as only 9 months have passed after marriage. 

Anaita Vas   25 November 2021

You can file a defamation case under Section 500 of the Indian Penal Code as you have stated that she has made false statements against her husband, your son. Oral false statements amount to Slander.

If they have filed a false case, you can do the following:

1. Application filed u/s 482 of Crpc for Quashing frivolous FIR

2. Writ petition under Art 226 of Constitution

 

Regards,

Anaita Vas

 

minakshi bindhani   25 November 2021

As per the concerned query!

Section 9 of the Hindu Marriage Act, 1955, which deals with restitution of conjugal rights, reads: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied with the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.”

If a spouse refuses cohabitation, the other spouse can move the family court seeking a decree for cohabitation. If the order of the court is not complied with, the court can attach property. However, the decision can be appealed to a High Court and the Supreme Court.

Hope it is useful!
Regards
Minakshi Bindhani

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