Can my mother can file deomostic voilation against my wife and thier parents
mohan.D
(Querist) 09 May 2014
This query is : Resolved
Dear experts
My self mohan i got married in june 2010 and both are living in bangalore independly and my parents lived in native my wife left the house from december2010 at that time she was 5 months pergent without informing me.
I filled a missing compliant in police station and after many counsiling with family friends and relatives she never tured back till know also and i given compliant in womens rights commission bangalore after also my wife never turned back i send a legal notice for that she given a reply notice that she will return after 2 months also she never returned and i file a RCR in bangalore family court after receving the court notice she has file 498a cases against me and my parents after police enquiry the 498a case closed and the police gave the report that my wife
has given a false compiant me against me and my parents afterwards she never returned.
I and my parents also called after that also dont mind anything mistakes happens from know words also bee good afterwards also she never returned and i got ex-part RCR degree also in octber 2012 that my wife
has to return within six months from this date and i have given legal notice also and
she never turned back till know.
My father died on march 2013 after my father death she has filed 4 cases on me and dv against my mother.
My querys to experts.
1.Will my mother can file a case on my wife and thier parents as my mother has never came out of pain from my father death? On what grounds my mother can file a case?
2.Has my father has made a will in my mothers name i.e self aquired property of my fathe and my minor son has filed a case against my mother that he want his grandfather property? will my minor son is eligeable for the property?
3.will my minor son will get a part of the property on my father has my father own self aquired property and he has made the will to my mothers name?
4.My mother is innocent and she is aged about 64 years and she is a heart paceint and my mother asked me your wife left you 3 years back and i never seen my grand son also why i should give my husband property and we both gained this propery with lots of difficulties and hungry and she told if my daughter-in-law come directly to me asked i want property behalf of your grandson i could have given property she has listed to thier parents and lawyer words know i will not give anything to anyone i will make a will to anyone for this question our lawyer never given any answers? On what grounds my mother can protect here husband property?
Dear experts please give a answers its my humble request.
Warms Regards
Mohan
9880962229
Devajyoti Barman
(Expert) 09 May 2014
1. Mother can file DV case against daughter in law but not against her parents.
2.Such case is not maintainable.
3.No
4.It is your mother's property and she can enjoy it as per her own wish. It is fully protected.
Rajendra K Goyal
(Expert) 09 May 2014
Your mother should defend her for the cases against her on merit. She can also file DV case against her DIL. Minor son or his mother (DIL) has no share in self earned property of your father(now willed) now belonging to your mother.
ajay sethi
(Expert) 09 May 2014
1)if 498A case was found to be false file for divorce on grounds of mental cruelty .
2) your mother can file DV case against her daughter in law but it is better to file for divorce .
3) if father has bequeathed his self acquired property to your mother your son cannot claim any share in said property
4) your son wont get any share in said property .
5) your mother can dispose the said property as she pleases
Sudhir Kumar, Advocate
(Expert) 23 May 2014
1.Will my mother can file a case on my wife and thier parents as my mother has never came out of pain from my father death? On what grounds my mother can file a case?
Ans : Filing of a case against in-laws by a lady is not domestic violence andhelping their daughter in doing so is also nto a Domestic violence.
Sudhir Kumar, Advocate
(Expert) 23 May 2014
2.Has my father has made a will in my mothers name i.e self aquired property of my fathe and my minor son has filed a case against my mother that he want his grandfather property? will my minor son is eligeable for the property?
Ans : Inspite of poor English you could convey that you do not want justice to your minor son. Even if thereis will he has a right to challange the same.
Sudhir Kumar, Advocate
(Expert) 23 May 2014
3.will my minor son will get a part of the property on my father has my father own self aquired property and he has made the will to my mothers name?
Ans : Did your father transfer property to your mother while being alive.
Sudhir Kumar, Advocate
(Expert) 23 May 2014
4.My mother is innocent and she is aged about 64 years and she is a heart paceint and my mother asked me your wife left you 3 years back and i never seen my grand son also why i should give my husband property and we both gained this propery with lots of difficulties and hungry and she told if my daughter-in-law come directly to me asked i want property behalf of your grandson i could have given property she has listed to thier parents and lawyer words know i will not give anything to anyone i will make a will to anyone for this question our lawyer never given any answers?
Ans : You say that she is innocent and you also say that she maintains “d i never seen my grand son also why i should give my husband property” then what does she mean.
Sudhir Kumar, Advocate
(Expert) 23 May 2014
On what grounds my mother can protect here husband property?
Ans : Only a person having seen al papers can advise on this
You said “question our lawyer never given any answers” When your layer privy to al facts and papers could not advise you then what advise you can expect in abstract query here.
Sudhir Kumar, Advocate
(Expert) 23 May 2014
“she told if my daughter-in-law come directly to me asked i want property behalf of your grandson i could have given property she has listed to thier parents and lawyer words
So basically your mother are aggreigved by your wife taking shelter of law instead of begging for her son before your own family. KEEP IT UP.
