Eviction suite related query
B Devi
(Querist) 19 February 2023
This query is : Resolved
My son got married 7 years ago in 2015 and since begining the daughter in law was very abusive and treated me and my husband very badly. She always wanted us to stay away from our son. We stayed only one year in 2018 along my son and daughter in law during which we suffered a lot of harrasment and I was subjected to beatings also by daughter in law as a result my husband passed away in 4 years back due to the stress. My health also has gone down after his death.
Police were not doing anything and had asked us to move out of our house to avoid further torture. We did the same.
That time in 2019 we were in dilema to file dv case or divorce case against the daughter in law.
As per our lawyers suggestion 3 years ago in 2019 my son had filled a divorce case against his wife and now the court has granted her interim allowance of 20% of my sons salary. My son has no child.
The flat( purchased by my son and his father with their own earned money ) in which daughter in law is staying was earlier in my sons name during his marriage and he transferred it to my name in 2019 before filing the divorce case. This was done as there was constant presure by daughter in law and her parents to transfer the flat in her name.
My son and I stay in rented flat since last 4 years and the daughter in law is staying in my flat.
Now our lawyer is suggesting me to file eviction suite to get my flat vacated from daughter in law as the court has granted her ia.
If we file eviction suite and daughter in law files dv against us then will the court stop us from evicting her from my flat?
How do I get my flat vacated?
Due to my down health can I file dv case against my daughter in law using a power of attorney i.e. my son?
kavksatyanarayana
(Expert) 20 February 2023
Your son filed a divorce petition in court and the court granted an interim allowance of 20%. So wait till the divorce case is decreed. Usually, your daughter-in-law will get maintenance after the divorce and so she will leave your flat. If not then you may file an eviction suit.
Dr J C Vashista
(Expert) 21 February 2023
It is advisable to contact and consult a local prudent lawyer for appreciation of facts, professional guidance and necessary proceeding.
P. Venu
(Expert) 23 February 2023
You have the option to seek remedy under the provisions of the DV Act as well as the Senior Citizen's Act (if a senior citizen). However, given the complexity of the situation, there cannot be any certainty as to the reliefs that could be granted.
