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Haridwar.se.victim   24 November 2017

Wife captured one floor in my father’s own property.

Married in 2008 and was living with my wife at my father place. My job demands lot of travel n so I have to move a lot.

My wife  left my father‘s house in 2016 and came back to my native place in my 2017. On 16 May 2016, She filed 498A313, domestic violence, 3/4 dowry act. 

apart from this she managed to enter my father‘s property  and now she’s holding and living on the first floor office property with my daughter who is seven years old no my question to all the seniors is how can I or in fact my father who is retired and 67 years old can make her out of his property

please note this is not ancestral property the property was built by my father in 2010, both of my parents are senior city  senior citizens and heart patient thank you my native city is Haridwar Uttarakhand all the cases are going on Haridwar “also I have filed section 13 divorce case against my wife on the basis of all what she has done.

Pls suggest if my father can file any case in High Court on basis of which she can be pushed out of my father’s home.

 

Also suggest name of good lawyers in Nainital HC.

thank you so much.

ps:

few characteristics of my cases so far:

1. Wants me to leave my parents n live in Dhimishri , Agra

2. Give all salary either to her or my MIL

3. Does not cohabit with me since July 2015

4. High frequencies of suicide acts n shouting n screaming from 11pm onwards in balcony so that whole colony assemble in front of my father’s house.

5. Staged Dharna along with my lil daughter , her parents n many political people joined her. They did everything n anything n caused all social n physical damage to my parents while I was on duty in UAE. 

6. Had 7 counsellings n filed divorce section 13 against her.

 



Learning

 10 Replies

Kumar Doab (FIN)     24 November 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     24 November 2017

 

Wife has NO forced share in self acquired/ancestral estate/property of FIL.

Wife has NO forced share in self acquired/absolute estate of MIL. Property from mother’s/MIL side is not ancestral.

Wife has NO forced share in self acquired/ancestral estate of Husband.

Kumar Doab (FIN)     24 November 2017

Son/Daughter/Grandson/Granddaughter has NO forced share in self acquired/ancestral estate of father/Grandfather.

Son/Daughter/Grandson/Granddaughter has NO forced share in self acquired/absolute estate of Mother/Grandmother.

 

FIL/MIL can allow DIL, son to stay in their property till they time they please to do so.

FIL/MIL can evict DIL, son from their property.

DIL, son can stay in property of FIL/MIL, Father/Mother till the time they are allowed to stay.

Kumar Doab (FIN)     24 November 2017

Do you have irrefutable evidence of all averments you have posted at point 1-5 !

 

If yes, your own very able LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record, might have advised you that these point to Cruelty….!

 

Generically speaking; if your averments are true and can be established there seems to full blown effort to defame the entire family….and subdue.

Haridwar.se.victim   24 November 2017

Except 1st point I have all proofs in terms of call recordings and media news print out n videos of Sansani n news 18. For 1st point it’s always argument that my MIL tries to win every time she fights with my parents n me.

 Regards 

Kumar Doab (FIN)     24 November 2017

I have sent you few links.

You may pick up the relevant poits.

 

It shall be certainly better to engage a very able LOCAL counsel of unshakable repute and integrity specializng in family/criminal matters having successful track record.

 

1 Like

Haridwar.se.victim   24 November 2017

I have 2lawyers( 1for civil n 1 for criminal)dealing but in district court it looks like it,e has stopped n my father has not got any results yet. Meanwhile  my wife is doing anything and everything which you can do to assured that my parents die out of fear and tension .

Kumar Doab (FIN)     24 November 2017

Senior Citizens can prey for speedy disposal.

Go thru rules at jurisdictional HC.

I have posted the rules in some threads.........

Your lawyers  would otherwise be aware of these.

Pick up the relevant points from links and you can build evidnce.

Your lawyers can help you and strategise.

 

It is unfortunate that such things happen in society and delay in courts. 

 

1 Like

Vijay Raj Mahajan (Advocate)     25 November 2017

You have two lawyers at your disposal and are unable to get suitable decision from the court for getting your wife out of the property of your father which is his self-acquired and self owned property.

You realy need senior and experied lawyer to handle the case. Here is the Supreme Court decision that should be placed before the court to get your wife out of that property.

S.R. BATRA AND ANOTHER V TARUNA BATRA  Appeal (civil)  5837 of 2006 decided on 15/12/2006.


Attached File : 8784 20171125104113 1057738340 sc reject righttoresidenceunderdva batravsbatra 2007.pdf downloaded: 36 times
1 Like

Haridwar.se.victim   25 November 2017

You got it right sir. 

 

However, could you please Suggest if my father can go directly High Court as one case is already undergoing in District Court Haridwar

 

if yes  then could please suggest the name of an advocate in High Court Nainital who can handle such cases and is there any possibility that High Court can grant relief to my father because nothing is actually happening in the district court and I am very much worried I could lose either of my parents because of so much of stress tension as both are heart patients. 

 

 


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