naveenraj jain (proprietor) 20 November 2014
Samir N (General Queries) (Business) 20 November 2014
Based upon the opinions given above and my initial response, I would suggest that you ask the Landlord to file an appeal and then you file an application with the appellate court to add yourself as an appellant party. This way the standing of the landlord is unquestionable as he clearly is an aggrieved party. Your standing my be questioned but the appeal will still continue and the Order will be vacated. I do stick to my original opinion that between the pros and cons of sitting still and doing nothing, your pros for NOT filing an appeal outweighs the cons/disadvantages. Silence is almost always golden. It is our character flaw that we have a desperate urge to respond to a situation out of panic when indeed there is nothing to panic in the first place. I am not sure of the Court rules in India for parties to add themselves as a co-appellant. If you are really desperate to file an appeal, convince the landlord that he may stand to lose his house if he does not appeal. Send him a written letter giving him a Court-certified copy of the Order. Keep the evidence that you have sent him the Order. Then inform him that you have done this so that you have proof that the Order was brought to his notice. Say nothing more. The rest will fall in place.... He will appeal. Or so I think.
Pritam (manager) 25 November 2014
Under which section of law Judge can put stay on the house ? landlord has hired lawyer as he lives in Abu Dhabi. He wants to get crores from my wife for this harrasment.
UniteFamilies (Social Worker) 26 November 2014
I don't think there is any section of law which applies here. Judge should be questioned during next court date.
naveenraj jain (proprietor) 26 November 2014
naveenraj jain (proprietor) 26 November 2014
naveenraj jain (proprietor) 26 November 2014
Pritam (manager) 27 November 2014
You are the only one who understood me. I would say more than my wife. You call yourself director. Please google "Stay on matrimonial home" and then post your reply. Wife can file petition for any reason. She has to provide evidence at the end. That is why so much mess so judge passed order without getting proof from wife. When her turn will come then she will be trouble. Right now she can enjoy her victory.
UniteFamilies (Social Worker) 27 November 2014
I think IPC 209 may apply here as your wife knew property is rental property. Even though property belongs to your sibling or parent and their name is on the main door or on society board then IPC 209 may apply in this case. Since wife can read it everyday when she enters home. Even at the time of marriage she knows that house doesn't belong to her husband.
https://indiankanoon.org/doc/323386/