Dv act for mother in law

Chiranjeev Lamba (Querist) 26 December 2013 This query is : Resolved
Hi All,

I have one query regarding the DV act. My wife file DV act against me, my mother and my brother. But before receiving the summon my mother also file one Dv act on me and my wife. I am not residing with my Mother, but my wife resides on very same place.

My main concern is that is she get the residence relief as property is on mother name and she is the registered owner of that property. I also file the Section 9 on her.

Please help as i am feeling very frustrated.

Thanks
CS

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Devajyoti Barman (Expert) 26 December 2013
If your mother is the owner of the property then your wife can not get the residence order in her mother in law's property.

Chiranjeev Lamba (Querist) 26 December 2013
Thanks for your instant reply. But her concern is that there is another daughter in law who is residing in the same property then why she can't.

Sudhir Kumar, Advocate (Expert) 27 December 2013
your wife has a right to live in the house where she resided with you as matrimonial home, regardless ownership.

Nadeem Qureshi (Expert) 27 December 2013
Dear Querist
if you are living with your mother then your wife is also entitle to live there otherwise not.
feel free to call

Chiranjeev Lamba (Querist) 27 December 2013
Thanks Mr Sudhir ...... but I m not residing there then how come she get the rights to live in that property. This is what court is saying. May be m not understanding your thoughts. Please advise?

Adv. Chandrasekhar (Expert) 27 December 2013
your question is not pure question of law or pure question of fact and it is a mixed question of law and fact. Hence, straight forward answer of 'yes' or 'no' cannot be provided. DV Act in express terms says that an estranged wife has got residential rights in matrimonial home, irrespective of its ownership and title are not with her or her husband, it gives scope to the wife to seek residential right in the property where title rights are in the name of her motherinlaw, if the said property has been matrimonial home at any point of time after her matrimony. It means that husband and wife lived together for some significant part of their life in such property owned by motherinlaw, she can claim residential rights. If the court during the trial finds there is a collusion between the mother in law and husband to deprive the wife of her residential rights, he moved away from that house, the court may grant her residential rights in that property. Naturally, in those cases, always husband offers alternative accommodation on rent and it is the court's discretion to direct the wife to move to such rented accommodation or to provide her residential rights in the property owned by MIL, keeping in totality of facts and malafide/bonafide intentions of husband.

T. Kalaiselvan, Advocate (Expert) 27 December 2013
Your wife has been granted with the relief of residence protection order under the provisions of DV Act, she has got rights to stay in the residence where she lastly resided with her husband or where is he presently residing.

ajay sethi (Expert) 27 December 2013
since property is standing in name of your mother in law your wife cannot claim right of residence in said premises . she is entitled to stay with you or seek alternative accommodation under DV act

Chiranjeev Lamba (Querist) 27 December 2013
I m agree with you experts but if I can take a view as per sec 17(1) of DVD act then said house is not share house hold and she can not claim residence rights. Also there is several judgments like batra vs batra and raj kumari vs preeti saluja with direction to vacate the property of mother in law. In other words we can say that dv act is blunder and not very straight forward.

ajay sethi (Expert) 27 December 2013
you seem to be well versed with provisions of DV act and latest judgments .

V R SHROFF (Expert) 27 December 2013
DV ACT IS WIDELY MISUSED TO SETTLE PROPERTY DISPUTE, OR RATHER CREATE RIGHT OF PROPERTY AND CREATE DISPUTE TO SETTLE PERSONAL FAMILY MATTER.

A NEW LAW, , AND NEED TO RATIFY, To decrease people taking disadvantages of Law.
Residence order is widely misused ..

Rajendra K Goyal (Expert) 27 December 2013
Agree, the law is widely misused and sometime innocent have to suffer a lot. A change in the law required to minimize the misuse.

P. Venu (Expert) 27 December 2013
The queriest is a new member. But both his queries are rather funny and hypothetical. He appears to be testing the experts.

Or is he an old hat in this art in another name?

T. Kalaiselvan, Advocate (Expert) 27 December 2013
Let us concentrate about the present case, the author may take a wise decision before the events take an ugly shape, if he does not wants his mother to suffer, he may arrange for an alternate accommodation for his wife away from her mother-in-law's property, to reside/live/stay as per the court order.

V R SHROFF (Expert) 27 December 2013
Dear TK.
Just answer me one imp pt :

[1] Husband is not residing with his mother.
Wife is residing there with her MIL

Husband residing separately.
Why he is feeling very frustrated.

He loose nothing if any order of residence passed in wife's favour or in her mother's favour!!!He is immune and indemnified: no concern!!

He filing RCR!! Why?? To remove wife from house of her mother!!

Husband must be residing on LL Basis, with intent to make wife homeless!!

TRY TO FIND ROOT CAUSE
TRY TO UNDERSTAND MOTIVE BEHIND PLAYING THIS DV GAME .

WHAT UGLY SHAPE OF EVENTS YOU IMAGINE??

Unless you know, how many brothers and sisters his hv, and what is his intention behind playing Game of DV by DIL & MIL, and whom they want to be out of home,,we can never suggest, or clarify .

DV Residence issue is always having a crooked motive behind, and misused..
it is never as simple as it looks . Querist always hide their motive.
They double cross us..
They double cross their advocate too.

Chiranjeev Lamba (Querist) 27 December 2013
Hi VR Sir

I respect your thoughts, but tell me what I can do if my widow mother is suffering with mental pressure as wife family is totaly greedy just because of property. If you really think that this is game that m playing then I also agree with or thoughts as some people doing this BUT I M NOT.......

V R SHROFF (Expert) 27 December 2013
As both filed DV cases..
u hv to play your part.

u r respondent in both the cases!!!
u hv to fight against your wife as well as your mother!!!!!!!!!!!!!!!!!!

u hv not left any alternative for you.
u r in fix.
so play it now..
but let me tell you, you are safe..
And Try to have a smoother family relationship.
No use fighting. , and creating tensions..
Let court do their work. you do your job and relax..

Chiranjeev Lamba (Querist) 27 December 2013
Thanks VR Sir....again respect for your thoughts......and ajay sir yes I know some of the things as running in this case for last two years......

Devajyoti Barman (Expert) 27 December 2013
You are already advised.
Supreme Court makes it clear that residence order on shared household is not possible if the same is not owned by husband. So rest assured.

T. Kalaiselvan, Advocate (Expert) 27 December 2013
Learned expert Mr. VR's points reveal some ugliest intentions of mischief mongers, so as advised by him let us wait and watch what court does in this aspect.

Chiranjeev Lamba (Querist) 27 December 2013
Yes ..... Thanks Dev and TK sir for valuable advise. My thanks to all the experts for their valuable advise......lets see what happened next...

Chiranjeev Lamba (Querist) 28 December 2013
Does my mother also need to file any civil case for permanent injunction in case she get the residence rights?

V R SHROFF (Expert) 28 December 2013
ur mother is owner, so no need.

Dv act for mother in law

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