• My brother and his wife having a matrimonial dispute, my brother is living in Germany, his wife was living at her parents in India. • My brother and his wife have been disowned by my parents since last year, since then my parents living with me in Canada. • My brother’s wife filed a false complaint and FIR has been registered under 498a, 120 against my parents as well as my brother in the counter attack of the divorce petition by my brother. • Now she comes to my parents’ self-acquired home and start living there, and filed an injunction suit and got a temporary stay as prima facie. • She filed a false sexual harassment case against our relative who was living in my parents’ home. The complaint has been dismissed by police but relative had to leave the home for safety. • My parents want to go back to India and fight 498a, but they are fearful that she will file more false cases to harass us. • Now I want to protect my parents and their self-acquired home (only one property). Questions 1. To evict her from the property, some lawyer suggests to file mandatory injection suit, some suggest senior citizen act and others suggest permanent injunction suit, which will be the fast and sure option? 2. My parents won’t live in their own home in fear of false cases, (planning to rent a home in a different city) how they can protect themselves for false cases and harassments?
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1) your parents should file case before senior citizen tribunal seek orders to direct daughter in law to vacate portion of house in her possession seek permanent injunction restraining her from disturbing their possession of house
2) contest false dowry harassment case filed by DIL
3) no need to bow down to pressure tactics
Hi
In reply to your query:
No.1 - why you file other cases, contest the case filed by your SIL and get it dismissed (need be you can make a counter claim in the case filed by her).
Further, why do you want to initiate new cases, you have to incur expenditure apart from loss of time.
Injunction cannot be granted against a true owner, as such, going by your version, when your parents are owners of the property under occupation of your SIL they can get favourable order, that apart, the orders obtained in the case file by her can be used by your parents / brother against the false cases likely to be filed by her.
No.2 - No, your version is baseless. Take police help and they can live in their house, contest the cases filed by her. Further, collate material proofs / evidences to destroy her cases.
Good Luck.
1, The worst is done by filing a 498A case. Apart form this no other case lies against them. So they can come , take bail easily and then flew back to Canada again. Yes they have the option is filing a civil suit for eviction of their daughter in alw. They have the right to approach Senior Citizens Tribunal as well.
2. They can also lodge complaint of harassment and file cases against their DIL. There is no need to be fearful of their DIL and fight her on face. The more dear they would show she would be more emboldened in her schemes.
Well if the property is your parents' then none has any right over it till they pass away or transfer it to someone in their life time. None, not even son or daughter in law has any right of ownership.
Daughter in law can have only residence/maintenance right on that property, if it was her matrimonial home. Even then she doesn't have ownership right over it.
The best remedy for your parents would be to seek eviction of all those whom they don't desire to be, on this particular property, by filing a suit for eviction.
I'm prepared to handle the case and take it's to it's logical conclusion. However, I require an exhaustive consultation session with your parents first. I'm based in Mumbai/Navi Mumbai; so if your parents can come down here, I can Advice them properly. I'm competent and prepared to appear in any civil/ criminal court in any district in India (and not just Mumbai/Navi Mumbai) and also appear in various High courts and Supreme Court. Just that I'm based in Mumbai/Navi Mumbai and your parents have to come down here to consult me.
Daughter in law has right to stay in in laws property. Injunction must be obtained on false grounds.
Apply for anticipatory bail of parents, it will grant and file separate suit of eviction.
Under senior citizen also, eviction will be order, since civil court injunction order is effective so first it has to be vacated.
As I said, order will grant in their favour, file appeal against injunction and apply for eviction.
1. File complaint under senior citizen act that would be fast.
2. See for complaint already.filed parents can seek anticipatory bail and can file for.quashing before the high court once complaint and FIR against them is quashed they are free.
1. Senior citizens Act will be speedy and effective remedy for eviction.
2. They can't protect but can only contest such false cases filed against them
The woman cannot live in your parent's house. Courts have already stated this in judgements. Therefore you can tell her to get out but as she has ontained an injunction file an application in the injunction to dismiss it as the house belongs to your parents. If the court does not file a revision in the high court.
The property is your parent's and nobody can live there. btw how did she get in there?
Regards
1. Your father shall have to come to India and contest the cases filed against him fittingly. First of all the stay order in connection with his property shall have to be vacated by him. Next step will be to file a DV case by your mother against your sister in law. Finally, eviction suit is to be filed against her since it is your father's house and not her husband's house. Permanent injunction will be issued only after your father files a suit for which filing of eviction suit as above has been suggested.
2. They shall have to live at their house and before arriving at India they should send a complaint letter to police against the threat of assault given to them by your sister in law, if they enter in to their own house. After arriving at their house, they should lodge another complaint of having been assasulted by her. Finally after some time your father should file a Writ Petition against police inaction praying for a direction upon police to register FIR, investigate and act as per law based on your father's complaint and give you protection from his daughter in law. The Judge might call your sister in law and ask her to leave the house not owned by her husband.
If your parents havent applied for bail, do that immediately. Also, you should contest the matter before the trial court strongly as today, after several judgments of Hon’ble Supreme Court rate of conviction in 498 A cases has reduced substantially to curb the misuse of provision. However, rest depends on allegations and evidence adduced for which the trial is required to be properly contested.
Your parents should file a civil suit before the district court for permanent injunction. daughter in law has no right to acquire your parents self acquired property. Law is very clear on this point
1. They may file an eviction petition under senior citizen's welfare act for faster relief.
2. The false 498a case has already been slapped against them hence they do not have to be worried about more such cases becasue she may not have any other case to file against them except for DV case which is not so much ferocious.
Dear
You parents should file the eviction suit under senior citizen act against their daughter in law.
They should file an application for permanent injunction for restraining daughter in law to enter house of your parents.
They should contest the case of 498 A.
