Urgent - validity of disown and debar notice

Amrit Ji,

It depends on many factors and first and foremost, in which state the case is in.

Delhi High Court has recently criticized this practise of disowning sons on the signs of discord. It noted 

Often, sons move out, or transfer properties or ownership rights, or shares in immovable properties, at the hint of trouble or discord with their wives, in favour of their relatives. Likewise, the parents of the husband often in such cases "disown" them after the son moves out from the common or "joint" premises owned by either or both his parents, when there is outbreak of marital discord. Courts have to be cautious in their approach, while entertaining and short circuiting suits for possession, which are in effect directed against the plaintiffs' daughter-in law, or else the right of residence in shared households would be a mere chimera, a teasing illusion which the law grandly promises, but is seldom, if ever, able to enforce. In fact, the strategy of "disowning" sons, through public notices or advertisement, is not to be taken lightly. For example, even if a son is disowned by either parent, the death of that parent would, if intestate, still lead to devolution of property upon that son. Indeed, a mere proclamation does not have a dispositive legal effect, breaking all legally relevant familial ties. Thus, absent a deed of relinquishment or other formal deed of partition of the family or separation between the members, the Court must be cautious in denying statutory rights to wives, as against members of the husband's family, on the basis of such tentative facts.

Also, Punjab and Haryana High Court has decried this practise and in Rajinder Kr. Dhingra Vs State has said - Disowning son will not help them in matrimonial cases

Coming to the your presence in police station, in Haryana and Punjab, police just calls for attending the mediation, whereas in Delhi they send a notice. In Rajasthan, UP, Uttrakhand, the notice comes after registration of FIR. So largely it depends upon the state you are in.

Regards,

Dear Shonee ji,

Thanks a lot for the information. I am from Delhi. The case is in Haryana. I am almost sure that my son's in-laws want a pie in my self-acquired property, for which they have put complaint in women cell putting false and fabricated charges against me, my wife and my son.

Shall i publish the notice again?

Will it be okay if only my son goes to women cell for mediation and not me? will it negatively affect the case in anyway.

Another thing is that women cell officals are scheduling the mediations at short notices of 48 hours and too frequently. Is there any directions/rules about it? Too frequent travelling from Delhi to Haryana at this age (65 Yrs) is harassing and torturing.

Thanks a lot.