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MS (CEO)     19 June 2013

Wife's forcibly occupying parents' property

Dear Members, Please calrify some issues regarding domestic viloence for me. I am 42 and had filed a Divorce case  against my wife on grounds of cruelty and dessertion, as she had  an extra marital affair. Meanwhile her boy friend dumped and and now, she doesn't want divorce and has been trying all delay tactics in court since 26 months(since the case is on). 1 year back , she had filed Domestic violence against me and my mother, on totally baseless grounds as there was no cruelty ever meted out to her in 20 years of our marriage.  She had filed it simply to continue living in my mother's house even though I have moved out. However, my mother never received the summons for domestic viloence.  

During the divorce case at family court, the judge first passed an order for providing her the keys of the main door fmy mother's house, despite my plea and argument by my lawyer, that how can i provide keys, when i don't live there and the house does not belong to me. My mother filed an application as an intervenor which was again rejected by the same judge. The judge mentioned that he has passed this order under D.v ACT.  Does this order deem fit?? Specially when my wife has wrecked havoc for my aged parents in that house.

In the last hearing, the judge declared that all pending applications will be heard. And he dismissed all applications from my side and gave an order of accepting Domestic viloence.

My query is how can he pass an earlier order under Domestic violence act, whn he claims to accept D.V application now?? Also, can a family court judge pass orders on D.V? When my mother never received summons regarding D.V, how can she be dragged in this case to provide her house keys and put her safety to risk.

Both my lawyer as well as my wife's lawyer have been asking ehr to come to table and negotiate for a mutual settlement as it si a dead marriage, but she refuses, as her sole aim is harrasment. Please suggest solutions to help resolve matters in a mutually consented way.

Looking forward to helpful replies. Thanks in advance.

We have filed a writ in high court, but not getting dates since 3 months. How to go about it?

My mother has also filed an injunction suit  2 years back  at district court, mumbai to evict me and my wife. I have already moved out, but my wife continues to forcibly occupy a whole floor in my mother;s property. She is using similar delay tactics in that case too and  hasn;t even filed her written statement till now. 3 judges have been changed in this matter over 2 years and case not moving forward  despite repeated appeals by my mother's lawyers for senior citizen considerations.  

sometimes her family court lawyer tells my lawyer informally in court premises that her client is willing to settle the case if she is given a bungalow in juhu/ napeansea road. She makes whopping demands that she also knows cannot be met. On the other hand, my wife kkeps shouting in the world and to my parents, that come what may, she wil;l never give divorce. 

Please advise pressure tactics/strategies to help us all get rid of her in a mutual way. My family and me are willing to offer her a rented accomodation/ owned flat provided she agrees to stop harassing me, our son and my family. Our son stays with my parents and she tortures him too, forcing him to talk to her when he does not like to. 



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 2 Replies

Reformist !!! (Other)     20 June 2013

U should join SIFF urgently ....... PM me for more details


(Guest)
Originally posted by : MS


Dear Members, Please calrify some issues regarding domestic viloence for me.

I am 42 and had filed a Divorce case  against my wife on grounds of cruelty and dessertion, as she had  an extra marital affair.

Meanwhile her boy friend dumped and and now

 

Do you have evidence [photographic, VDO, call records, facebook, SMS] of such affair?  If yes then keep it handy to provide to family court.

 

, she doesn't want divorce and has been trying all delay tactics in court since 26 months(since the case is on). 1 year back ,

she had filed Domestic violence against me and my mother, on totally baseless grounds as there was no cruelty ever meted out to her in 20 years of our marriage.  She had filed it simply to continue living in my mother's house even though I have moved out. However, my mother never received the summons for domestic viloence.  

Ok.
During the divorce case at family court, the judge first passed an order for providing her the keys of the main door fmy mother's house, despite my plea and argument by my lawyer, that how can i provide keys, when i don't live there and the house does not belong to me. My mother filed an application as an intervenor which was again rejected by the same judge. The judge mentioned that he has passed this order under D.v ACT.  Does this order deem fit?? Specially when my wife has wrecked havoc for my aged parents in that house.

U/s 23 of PWDVA 2005 the judge can pass ex-parte orders even after listening to your part of the story.  The order deems fit under the aforesaid section. If such property is an ancestral property then judge can pass such orders of residence, if such property where your mother is living is a self-earned property, then the judge's order is frivilous one. However, you can move to sessions court with the facts to set aside such interim relief, and eventually, the case will again be sent back to the family court judge who will have to look into both stories of both parties and then pass orders of relief only if domestic violence is proved. OR the sessions court might even just dismiss such DV case if found that there has been no domestic violence at all.

 


In the last hearing, the judge declared that all pending applications will be heard. And he dismissed all applications from my side and gave an order of accepting Domestic viloence.

Explained above.
My query is how can he pass an earlier order under Domestic violence act, whn he claims to accept D.V application now??

Also, can a family court judge pass orders on D.V?

A DV case can be filed at a Magistrate's court and as well in a Family Court.

 

When my mother never received summons regarding D.V, how can she be dragged in this case to provide her house keys and put her safety to risk.

Exparte orders already explained.

Both my lawyer as well as my wife's lawyer have been asking ehr to come to table and negotiate for a mutual settlement as it si a dead marriage, but she refuses, as her sole aim is harrasment. Please suggest solutions to help resolve matters in a mutually consented way.

Pay her money, get MCD< part ways peacefully.


Looking forward to helpful replies. Thanks in advance.

We have filed a writ in high court, but not getting dates since 3 months. How to go about it?

There was no need to go to HC, you should have approached the Honorable Sessions Court, going to HC is a waste of time, and the procedure to be followed will be the same as Sessions.

My mother has also filed an injunction suit  2 years back  at district court, mumbai to evict me and my wife.

This approach is correct.

 

I have already moved out, but my wife continues to forcibly occupy a whole floor in my mother;s property.

Its just a matter of time when the civil injunction is heard and she will be thrown out of such property, only if it is a self earned property.

 

She is using similar delay tactics in that case too and  hasn;t even filed her written statement till now. 3 judges have been changed in this matter over 2 years and case not moving forward  despite repeated appeals by my mother's lawyers for senior citizen considerations.  

The above process which I explained in few sentences will take a minimum of 4-5 years to get over with.  Have patience.  If you have not commited any act of Domestic Violence, then no relief will be given under the said act.

sometimes her family court lawyer tells my lawyer informally in court premises that her client is willing to settle the case if she is given a bungalow in juhu/ napeansea road.

She might ask the Tajmahal Hotel and the Gateway of India too, but if she has filed a false DV case against you, it amounts to mental cruelty, and filing of such false cases like DV, 498a etc will ensure that you will get divorce without you having to settle for a Tajmahal hotel etc.

She makes whopping demands that she also knows cannot be met. On the other hand, my wife kkeps shouting in the world and to my parents, that come what may, she wil;l never give divorce. 

Dont worry, she has given you a blessing in disguise by filing a false case of Domestic Violence.  Filing false case on husband = Divorce gauranteed.

Please advise pressure tactics/strategies to help us all get rid of her in a mutual way. My family and me are willing to offer her a rented accomodation/ owned flat provided she agrees to stop harassing me, our son and my family. Our son stays with my parents and she tortures him too, forcing him to talk to her when he does not like to. 

 

Come out clean with the DV case based on merits of the case, then file a defamation case, a prejury case too for lying under oath in the court.


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