Dv act
Chiranjeev Lamba
(Querist) 21 January 2014
This query is : Resolved
Hi,
I need help from experts and my query is on priority basis. As i discussed earlier that my mother file dv act on my wife. Today in court her lawyer put point that my mother lawyer have not mention anywhere in prayer for eviction, so present petition can be dismissed. He also said that mother in law cannot file case on DIL.. Please advise what is the next step as eviction is not mentioned anywhere in prayer. Do my mother need to fill Civil case for permanent injunction.
Please advise as my next date is tomorrow.
Thanks
Devajyoti Barman
(Expert) 21 January 2014
There are conflicting decisions regarding maintainability of case filed by MIL against DIL.
Chiranjeev Lamba
(Querist) 21 January 2014
So sir what needs to be done if evition is not mentioned in the prayer...do my mother need to file Civil case?
Dr J C Vashista
(Expert) 22 January 2014
1. Mother-in-Law can file petition u/s 12 of The POWADV Act against her daughter-in-law, it is maintainable.
2. MIL should file suit for eviction as there is no provision in The POWADV Act where a woman can seek the relief of eviction of DIL from her property.
Devajyoti Barman
(Expert) 22 January 2014
If the house is belonging to the MIL then filing suit for eviction of licensee is the only option left.
ajay sethi
(Expert) 22 January 2014
file suit for eviction against daughter in law . it is husband duty to provide for his wife . court will grant mother reliefs but direct you to provide accommodation to your wife
Dr J C Vashista
(Expert) 22 January 2014
The suit shall be drafted as Suit for possession (not eviction), damages and masne profits (if MIL desire so).
T. Kalaiselvan, Advocate
(Expert) 22 January 2014
I agree with the opinions of all experts above on the subject, nothing more to add.
Chiranjeev Lamba
(Querist) 23 January 2014
Can my mother sold out the property as she is the owner of the property?
Shonee Kapoor
(Expert) 23 January 2014
1. Your mother can maintain DV.
2. She can sell the property, unless there is a court order restraining the same.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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Chiranjeev Lamba
(Querist) 23 January 2014
thanks Shonee sir... case is in the stage of interim application arguments. Can she still sell the house?
Dr J C Vashista
(Expert) 25 January 2014
Yes she is well within her right to sell the property, unless there is a court injunction
ajay sethi
(Expert) 25 January 2014
yes your mother can sell the property if she so desires
Rajendra K Goyal
(Expert) 25 January 2014
Agree with the experts, your mother can sell the property if there is no court injunction.
