The wife of my grandson has forcefully entered into my property on 9th May. Though my son, his wife and my grandson have shifted to rented accommodation on 3rd May. But she is staying in one of the room in my property and police helped her to stay there. She is preparing food in that room and doors open which really bothers. If we close the door of his room she calls Police and Police only support her. She is torturing us a lot. She abuses us and freely loiter in our home in the night and threaten us also. I am 87 years old and my wife is 82 years old. We are mentally and physically weak. I have filed injunction suit in the civil court. But her lawyer has taken a mediation citing that this is a matrimonial dispute. Mediation is going on but we are not interested in mediation as her demand is too high. She has filed FIR against us and DV case against my grandson and his parents.
As on date three mediations have failed. We filed for interim relief for restrainment but the application is disposed off. The judge has quoted the case of This Court is of the considered view that case of defendant no.2 is supported by the judgment of Hon'ble Delhi High Court in case titled Preeti Satija V. Raj Kumari & Anr. Even otherwise all the reliefs which have been
prayed in interim application are the same as have been prayed in main suit and granting of such reliefs in interim application shall amount to decreeing the suit. Accordingly, plaintiffs have failed to show the prima facie case in their favour. Accordingly, their application is disposed off as not
allowed. However, anything expressed herein shall not.
please advise further course of action.
Asked 11 months ago in Civil Law from Delhi, Delhi
file an appeal against court order rejecting your application for interim reliefs
2) as you are a senior citizen seek expedited hearing of your suit
Police may be helping her but during your life time your Grand Sons' wife can not claim share in the property, In accordance as the releif has not been granted from the lower court - please file a writ in the high court for immediate releif. this woman need to go out without fail and she has entered your property just to harass - also you need to show that this is not her matrimonial home.
For free consulting in reference to filing this matter in High Court Delhi please feel to contact.
Best of Luck
If your grandson is also residing in your property then she can claim residence order otherwise not.
Batra vs Batra case is same and in this case the Apex court held that the daughter in law has no right on the property of in-laws if husband is not residing there.
File revision/ appeal against the order of civil judge or file appeal if civil court dismissed the suit too.
You may file a complaint before SDM under Senior citizen welfare act 2007 and claim your property vacated from that lady.
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Advocate, New Delhi
1. Your son has made the common blunder by not recording the fact legally that he stays outside of your property separately.
2. Under such cases, I advise my clients to take up a rented place and ask his father or grandfather to lodge a police complaint before hand that his DIL or Grand DIL is threatening to illigally occupy his house and avail a stay order restraining the said DIL or Grand DIL from entering in to the house of her FIL or Grand FIL.
3. Since it has not done in your case, you shall have to file an eviction suit completely detaching yourself from your grandson as regard your house property is concerned claiming that your house is not the matrimonial house of your grand DIL.
4. Simultaneously your wife can file a DV case against her grand DIL and you also can file a police complaint against her and then file a Writ Petition before the High court against the police, making her a party thereof, for its inaction praying for justice.
5. Your grandson and his parents should avail AB from the Court and contest the cases filed against them fittingly.
If you are aggrieved over the decision in the interim relief application, you may take up revision of the same before the district court and vent out our grievances on this decision relying upon a counter judgment fitting to your situation.