• D.V. application on file by daughter-in-law

I am senior citizen. my son & dil have a case of divorce case at family court.. i own a flat from  my fund giving them to reside. giving me rs. 15000/-p m .now no money given to me since last 18 months. i notice them to vacat the flat. on this lettre dil file d v application on me in the case of their divorce case. now yhe court deliver ad interim relief  order not dispose her from  flat..          i call by court after thi order as a third party..  as on to day  i am facing financial problem.  i request the court to review the order within  30days and also submit an application for speedy trial to pincipal judge. noting is materialise.
Asked 1 year ago in Family Law from Pune, Maharashtra
Religion: Hindu
1) daughter in law has no right on flat owned by father in law . 

2) if magistrate had passed order restraining you from selling the flat you should file appeal against said order 

3) since you have filed review application wait for disposal of review application 

4) number of judgements that daughter in law has no rights on property owned by in laws 
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
Challenge the order in sessions court. The court can not pass order on the property which is not pwned by her husband. The supreme court has made it clear that DIL can not get injunction in respect of in law's property.
Review will give you no result, prefer an appeal in sessions court.
Take action asap. Meet a local lawyer fast.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
In your case the court has restrained you from removing your daughter-in-law from your flat. This order is seemingly erroneous as daughter-in-law does not have the right to reside in the property owned by her in-laws. The legal recourse available to you is to challenge the order in the higher court. Filing for review was an ill-conceived move. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hi, It is better you can prefer an appeal before the Session court for challenging the order.

2. As it is your home and you have received the rent from your son  now without the income of the house you can't live so request the court to vacate the schedule premises.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. File eviction suit sine they are your tenants,

2. File a petition before the same court praying for an order upon your DIL/Son  to pay the rent since it is for your livelihood,till the eviction suit is disposed of.

Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
What is your problem or what  clarification are you seeking?
Instead of just contending with the legal notice, you should have filed an eviction suit against your son who is the tenant and has defaulted the rental payment for the last 18 months.
If she has filed DV case against you, you have to challenge her grounds of grievance against you accordingly.
You should know that your DIL is the wife of your tenant and not directly your tenant.  In fact she is residing in her matrimonial home and is entitled for residential rights, therefore your action of issuing a legal notice to her to vacate the premises is unlawful.  
The court will take its own time for disposal of case, it cannot be decided in the time stipulated by you, also you cannot issue directions to court to dispose your application within 30 days. You have to wait for the court's decision. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
It will be better to file a civil suit for eviction before civil court.

D.V. case can not be maintainable before Family court because the jurisdiction to entertain the D.V. complaint is before the magistrate court, hence if family court where the Divorce case is pending has no jurisdiction to entertain the same under Domestic violence Act-2005.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
The same court can not review it's own order. You are in wrong track and hence is not getting results.
Prefer an appeal. There is no other way out.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1) you should appoint lawyer to fight the DV case 

2) since review application is filed wait for disposal of review application 

3) you have cited all the relevant judgments to substantiate your case that DIl has no rights on FIL property 

Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
1. Engage a local lawyer, to defend yourself,  having expertise in this field since it is a specialised field,

2.Also file an eviction suit alleging that your son and his wife stayed in your said house as tenant duly paying rent of Rs.15,000/- which they have stopped paying now for which they should now be evicted,

3.  Meantime, your wife also can file a DV case against iur DIL to pay her back in her own coin.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
The court proceedings will take its own time and no lawyer can assure you the disposal within three months.
 If you want to fight it out as party in person, you should know the law as well as the procedures to be followed in court. 
You have to file an eviction suit against your son to vacate the house because it is he who is residing in the house with his family members but has not paid the rent for more than 18 months.
For DV case, since you have unnecessarily initiated a legal case against your dIL, you have to give a reply or defend yourself as per law because your action against her is uncalled for and unlawful because she is not the tenant, it is her husband who is the tenant in your property.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
Hi, No advocate will assure they will complete the case within 3 months.

2. It is better engage an advocate and contest the case accordance with law.

3. It is really true that court will have to vacate the interim order with in 30 days as per law but in practically it is very difficult to follow.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The reason that you suffered is because you did not engage a lawyer. Giving judgments will not produce the desired result. What you require is a lawyer who will steer you to the port. No lawyer can produce the result in 3 months.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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