Domestic violence
Mahesh
(Querist) 20 June 2012
This query is : Resolved
Dear Sir / Madam,
We have a family of Parents, two brothers and two sisters. All are married. Sisters are well settled with their family. My Elder brother is living with his family on the first floor of our own house which is in the joint names of our parents. I am (Younger Brother) living with family i.e. parents, wife and children at the ground floor of the same house.
But, we do not have good relations with the wife of my elder brother. Even they do not have their own understanding with each other. Bhabi always harass her husband (My brother) and us.
One year ago, my brother’s wife (My Bhabi) files a case of Domestic Violence against us (including my brother and my family) just because that my father wants to sale the house so that we can all settle separately.
After she filed the case, we all settled the issue through LOK ADALAT (With written agreement of family settlement). According to that agreement owner will sale the house and distribute it into three shares.
(1) 1/3 share will be retain by the owner (Parents).
(2) 1/3 share will be given to Elder brother and his wife (My Bhabi who files the case) in joint name of house which will be purchased after sale of the current house. And remaining money of their share will be distributed among them and their daughter.
(3) 1/3 share will be given to myself (Younger brother).
But, after all this family settlement my bhabi is still harassing us for not to sale the house. And she is threatening us of dire consequence if we try to sale the house. And also threatening us that she will file false case again to harass us. Sometimes she also said that she wants 50% share of the house by giving first floor at her name only.
We are all fed up with all these things. I have some questions to ask for our safety.
1. What should we do for our safety?
2. Can she file the case again?
3. What can we do to implement the family settlement which is now a legal document through Lok Adalat.
4. We have some audio evidence of harassing us and giving life threatening to us. How can it help us?
Devajyoti Barman
(Expert) 20 June 2012
You did a first major mistake by fulfilling the greed of your sister in law when she could do nothing.
The property was of your parents. Then how could she make any claim in it.
Do not fall in her trap again and proceed to deal with your respective shares as your plan.
She has no legal recourse to touch it.
Nadeem Khan
(Expert) 20 June 2012
I agree with Mr. Barman, the the property solely belong to your parents and they can do any thing with the property whatever they want.
Mahesh
(Querist) 20 June 2012
Thanks to Mr. Barman and Mr. Khan.
But, i asked some questions. Please do reply to these questions.
Thanks
Shonee Kapoor
(Expert) 21 June 2012
Fight the case on merits. There is nothing left for you to do.
It is either complete fightback or complete surrender.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
