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Ex-mil tresspassed into my house, how to evict her ?

Page no : 3

Siddique (OWNER)     28 January 2018

Originally posted by : Advocate KayBee
Mr. Siddique,

Please file an FIR against your wife & her MIL for house trespass & criminal intimidation. As this is a private offense, At the same time, file a concurrent DV application before your local area JMFC. You will easily get copy of Form-II from your local police station. Select the 'physical domestic violence' option, when filling up the form, as its contents apply to you. 

Your being 'Islamically' divorced makes it easier, assuming that you were divorced on statutory grounds of cruelty. 

Regards the evidence aspect, file an applicaton before the local area JM to direct the FSL laboratories to extract the evidence you suggest to back your case (i.e. voice recordings). Get these recordings certified from the Competent Authority u/Sec. 65B of Evidence Act. Only then will you have relevant evidence in your favour suitable for admission before the court.

For further queries, you may contact me at basu_kunal@hotmail.com. I will be more than happy to advise you.

Regards

Advocate Kaybee

Hello Mr. Kaybee,

Thanks a ton for taking time to post comprehensive reply; much appreciated !

Reg. FIR against the ex-MIL, is it a fit case for an FIR ? I have already lodged a NC but the Police says hire a lawyer & get the eviction order of ex-MIL from the court. (Now I simply don't have this much time & patience for this court process as every passing minute in my house is like hell & emergency). I simply can't understand why the Police is not taking action & evicting the ex-MIL (atleast) from my house considering this is a clear case of criminal tresspassing ?

 

==> At the same time, file a concurrent DV application before your local area JMFC. You will easily get copy of Form-II from your local police station. Select the 'physical domestic violence' option, when filling up the form, as its contents apply to you.

Good suggestion Sir, but is this mandatory to get the eviction of ex-MIL from my house based on the case of criminal tresspassing ? as at the moment, I'm don't want to take the route of court but still I will consider this option.

 

==> Your being 'Islamically' divorced makes it easier, assuming that you were divorced on statutory grounds of cruelty. 

Yes, though I have divorced her in front of some witnesses because I was suffering from immense cruelty/torture & desertion by her since last 7 years (dennial of physical intimacy, picking-up kitchen knife to attack me during altercations, staying out of the home overnight without my knowledge etc.)

 

==> Regards the evidence aspect, file an applicaton before the local area JM to direct the FSL laboratories to extract the evidence you suggest to back your case (i.e. voice recordings). Get these recordings certified from the Competent Authority u/Sec. 65B of Evidence Act. Only then will you have relevant evidence in your favour suitable for admission before the court.

again a very nice idea & suggestion Sir but as I said earlier, I'm reluctant to take the long-draw court route (if need be at later stage, I will take this route certainly as suggested by you) but I would like to also know if the Police can't take direct cognisance of the ex-MIL's abuses recorded in my mobile & register a case of criminal intimidation against her & evict her from my house ?

 

==> For further queries, you may contact me at basu_kunal@hotmail.com. I will be more than happy to advise you.

Ok Sir, thanks so much, I will email you in a while.

 

Thanks a ton once again Mr. Kaybee for your valuable time & advise.

1 Like

Siddique (OWNER)     28 January 2018

Originally posted by : Kumar Doab
If you wish to search in LCI databank you can search at;

 https://www.lawyersclubindia.com/lawyers_search/

Or visit LOCAL courts complex and inquire in person.

Prepare list of top; say 5 senior very able counsels of unshakable repute n integrity specializing in such/civil matters and having successful track record.

 

And chose yourself…

Hello Mr. Kumar Doab Sir,

Thanks so much for your guidance & pointing me in the right direction here as where to search & look for a lawyer.

 

==> Prepare list of top; say 5 senior very able counsels of unshakable repute n integrity specializing in such/civil matters and having successful track record.

Good idea Sir & I will do it as suggested but at the moment my priority & emergency is to evic the ex-MIL from my house immediately as she has tresspassed into my house. By the way, is this a civil or a criminal case ? Kindly enlighten.

Thanks again

Siddique (OWNER)     28 January 2018

Originally posted by : Kumar Doab
You can also benefit from the post of Mr. KayBee

 

Yes Sir, indeed it was a very valuable & enlightening post by Mr. KayBee Sir

Siddique (OWNER)     28 January 2018

Originally posted by : Adv Raj Malhotra



Originally posted by : Siddique



Dear Experts,

I have been "Islamically" divorced around 8 months back. Ex-Wife continues to stay in my house (in my name). Negotiations & settlement process was going-on but getting failed one after another due to her exorbitant expectations beyond my capacity. Few days back, she brought her mother to my house without my knowledge & prior consent/intimation. Ex-MIL has a reputation of being extremely abusive & useing foul language in feuds. In one such incident in my house (triggered by ex-MIL), she again used massive abusive & extreme filthy language which I fortunately recorded on my mobile. 

Both of them have also threatened me with dire consequences & dared me to remove ex-MIL from the house which legally belongs to me.Now, I fear for my life as the ex-wife has a habit of picking up kitchen knife to attack me during the altercations (NCs lodged). I have also lodged a NC with the local police station regarding unauthorised entry of ex-MIL in my house but they are reluctant to talk the MIL to get her out of my house & advise me to go to the court & get the order of her eviction (court process is a long drawn process & I don't have time & patience for it at the moment.)

I'm facing extreme stress due to all this & I fear untoward incident anytime going forward. Kindly guide me as what I can do to evict the ex-MIL out of my house at earliest. She has clearly tresspassed into my house. We are not on talking terms so discussions is out-of-question.

Any lawyer in South Mumbai who can help & guide me getting the ex-MIL evicted from my house, if so, please message me at earliest; it would be highly appreciated. I'm totally frustrated & depressed & I have no idea as what might happen next.

Kindly treat this as an emergency please.

Thanks.





I think iska lukkha chuppi bohot din se chal raha he. Aur issne 8 months back talaq talaq boldi when matter of talaq was going on in HON SC.

Now first thing whether your talaq is qualified according to law should be ascertained.  Has conciliation happened? Were there your parents and her parents and elders involved in conciliation to patch up husband and wife.
If that is legal talaq then only you can drive out your wife and your MIL.
If your talaq is invalid, then you will be on wrong side for simply angrying your MIL.
Simply giving written complaint to police wont help.
Supporting evidence should be there, video, audio recording should be there to support your statements.
Only then your complaint will hold good.
Or else you will simply dig your own grave.

By the way all above advices are wrong. They simply gave some advice that they think is correct.
Mohhamedan law is not easy subject.  Divorce in muslims is not a simple thing now as it was earlier.

Thanks for replying Sir.

==> Now first thing whether your talaq is qualified according to law should be ascertained. 

I have verified & confirmed with Islamic Clerics & they said it's qualified & the "Islamic Divorce" has taken place properly between me & the ex-Wife.

 

==>  Has conciliation happened? Were there your parents and her parents and elders involved in conciliation to patch up husband and wife.

Yes, concilation process has taken place on several occasions during the last 3/4 years but nothing came out as she was adamant & not mending her ways & always wanted divorce from me during altercations & arguments. All relatives were involved in the concilation process & all of them backed-out now as they also see no hopes of any solution coming out from the discussions as she keeps on backtracking & flip-flop on the possible solutions.

 

==? If that is legal talaq then only you can drive out your wife and your MIL.

How Sir, please guide as the divorce was Islamic Talaaq (oral & written by me) in front of few neighbours.

 

==> If your talaq is invalid, then you will be on wrong side for simply angrying your MIL.

Even if it is invalid (which it is not) then how come the ex-MIL got any right to invade my house & threaten me ?

 

==> Simply giving written complaint to police wont help.

Isn't my case fit for criminal tresspass ? Will the police intervene when there is physical violence & harm to either parties ? Why can't they take preventive steps to stop the situation from going to that level ?

 

==> Supporting evidence should be there, video, audio recording should be there to support your statements.

yes audio recordings are with me & my Society's CCTV footage also there showing her entering the Society

 

==> Only then your complaint will hold good.
Or else you will simply dig your own grave.

Please comment on the basis of my my replies above if my complaint holds good or not ?

 

Thanks

Siddique (OWNER)     28 January 2018

Originally posted by : Adv Raj Malhotra



Originally posted by : Siddique



Dear Experts,

I have been "Islamically" divorced around 8 months back. Ex-Wife continues to stay in my house (in my name). Negotiations & settlement process was going-on but getting failed one after another due to her exorbitant expectations beyond my capacity. Few days back, she brought her mother to my house without my knowledge & prior consent/intimation. Ex-MIL has a reputation of being extremely abusive & useing foul language in feuds. In one such incident in my house (triggered by ex-MIL), she again used massive abusive & extreme filthy language which I fortunately recorded on my mobile. 

Both of them have also threatened me with dire consequences & dared me to remove ex-MIL from the house which legally belongs to me.Now, I fear for my life as the ex-wife has a habit of picking up kitchen knife to attack me during the altercations (NCs lodged). I have also lodged a NC with the local police station regarding unauthorised entry of ex-MIL in my house but they are reluctant to talk the MIL to get her out of my house & advise me to go to the court & get the order of her eviction (court process is a long drawn process & I don't have time & patience for it at the moment.)

I'm facing extreme stress due to all this & I fear untoward incident anytime going forward. Kindly guide me as what I can do to evict the ex-MIL out of my house at earliest. She has clearly tresspassed into my house. We are not on talking terms so discussions is out-of-question.

Any lawyer in South Mumbai who can help & guide me getting the ex-MIL evicted from my house, if so, please message me at earliest; it would be highly appreciated. I'm totally frustrated & depressed & I have no idea as what might happen next.

Kindly treat this as an emergency please.

Thanks.





I think iska lukkha chuppi bohot din se chal raha he. Aur issne 8 months back talaq talaq boldi when matter of talaq was going on in HON SC.

Now first thing whether your talaq is qualified according to law should be ascertained.  Has conciliation happened? Were there your parents and her parents and elders involved in conciliation to patch up husband and wife.
If that is legal talaq then only you can drive out your wife and your MIL.
If your talaq is invalid, then you will be on wrong side for simply angrying your MIL.
Simply giving written complaint to police wont help.
Supporting evidence should be there, video, audio recording should be there to support your statements.
Only then your complaint will hold good.
Or else you will simply dig your own grave.

By the way all above advices are wrong. They simply gave some advice that they think is correct.
Mohhamedan law is not easy subject.  Divorce in muslims is not a simple thing now as it was earlier.

 

Dear Sir,

Request you to please delete multiple instances of same replies as it's making the thread long unnecessarily.

Thanks for understanding.


(Guest)

Mr. Siddique

Please calm down.

As you are in Bombay, it would be advantageous if you would approach the Bombay Bar Association (HC) for help. Or the Maharashtra Legal Services Authority. They have some excellent lawyers. Who knows; one of these BBA/MLSA advocates may even take up your case.

good luck Sir! 

Kumar Doab (FIN)     28 January 2018

Have you tried by offering rented/alternate accommodation till any/all pending matters (if any) are resolved?

How does your property being affected by invasion/trespass/forceful entry?

Kumar Doab (FIN)     28 January 2018

You may discuss, with your counsels perspectives of;

 

Restraining order/Injunction

 

 

Specific Relief Act, 1963

Part III 

Preventive Relief

Chapter VII 

Injunctions Generally

36

Preventive relief how granted

37

Temporary and perpetual injunctions

Chapter VIII 

Perpetual Injunctions

38

Perpetual injunction when granted

39

Mandatory injunctions

40

Damages in lieu of, or in addition to, injunction

41

Injunction when refused

42

Injunction to perform negative agreement

 

(3) When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely,-

(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;

 

(c) where the invasion is such that compensation in money would not afford adequate relief;

 

(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings..

 

https://www.advocatekhoj.com/library/bareacts/specificrelief/index.php?Title=Specific%20Relief%20Act,%201963

Kumar Doab (FIN)     28 January 2018

Code of Civil Procedure, 1908

https://www.advocatekhoj.com/library/bareacts/codeofcivilprocedure/index.php?Title=Code%20of%20Civil%20Procedure,%201908

ORDER XXXIX : CODE OF CIVIL PROCEDURE, 1908

https://www.lawzonline.com/bareacts/civil-procedure-code/orderXXXIX-code-of-civil-procedure.htm

Chapter XVII

 

Of Offences Against Property

Indian Penal Code

Sec. 441. Criminal trespass,447,

442. House trespass.

443. Lurking house-trespass,448

452


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