tresspass during dv act case
aman
(Querist) 15 February 2014
This query is : Resolved
dear experts,
my brother's wife has filed dv act case on me and my father although she is staying with my brother separately on rent...case is under trial in court...few days before suddnly she along with my brother tried to enter into our house..but house was locked that time ,we informd police with written complaint against both of them..but police dint register case against them..now today my father got phone call from protection officer saying that your daughter in law have complaint for removing out her belongings from ur house..bt truth is there is not any belongings of her in our house.because my father had disownd my brother and his wife 5 years ago..
1. can she try to enter legaly in our house when case is undr trial in court..?
2. what should we say to protection officer .?
3. what action can protection officer take?
Devajyoti Barman
(Expert) 16 February 2014
1. If your father is owner of the house, she has no right to enter the house.
2. Inform PO about ownership of the house.
3. Nothing except making his opinion clear which has no force.
V R SHROFF
(Expert) 16 February 2014
It seems it is your family property dispute, as your brother accompanied her to enter house, where he was disowned.
LOTS OF PEOPLE MISUSE dOMESTIC VIOLENCE ACT TO SOLVE THEIR PROPERTY PARTITION DISPUTES.
YOUR CASE FIT IN THAT SLOT.
If it was a matrimonial home of your brother's wife, SHE CAN SUCCESSFULLY FILE DV.
YOU DELIBERATELY DID NOT DISCLOSE WEDDING DATE, AND HER LAST DATE OF RESIDENCE IN YOUR HOUSE.
OWNERSHIP is irrelevant for DV Act.
And under the circumstances, advise of all experts above had suffered for want of vital fact. [ Whether it was matrimonial home of ur br wife, any time after the year 2005]
V R SHROFF
(Expert) 16 February 2014
did you lodge police complaint before 25 days ???as advised by all experts to you,
DEAR STUDENT?????????????"a criminal intimidation. Lodge a written complaint with the nearest police station,WAS ADVISED TO YOU""
aman
(Querist) 16 February 2014
dear experts,> mariage date was april 2008, and in july 2009 my parents disownd them and they startd living on rent separately..
>this house is exclusivly purchsd and ownd by my father..
>respectd shroff sir, we went to police statn with writtn complaint bt ps incharge said they cant registr case again and gvn recievd copy of our cmplaint. (bcz in oct 2012 we fild a case on my brothr,his wife,and inlaws u/s 452,147,323,506,427 ipc,which is in court.. and after 3 days they fild a case u/s 498a ,323,324,504,506,3/4dp act on my brothr,me and my father bt nw they removd my brothrs name frm chargesheet.)..
>sir, i agree with u that she can file dv case bt how can she enter our house while case is under trial, court wil decide wheathr she resided in our house or nt..
>we have some proofs of their rentd house like ,sme video clips and pics of them in rentd house, they purchasd a washng machine on my brothers name on the rentd adress, we have bill copy and delievry challan of machine,, we hav made a video clip of their house owner stating that they livd in rentd house for 3 years.. moreover we have an audio clip of my brother saying that my father disownd him and since 2009 he is living on rent becz of my father..and our neighbors hav givn affidavits to us stjting that ,they nevr seen my brother and his wife living in our house..
V R SHROFF
(Expert) 16 February 2014
NOW U AGREE THAT "april 2008, and in july 2009" BTROTHER'S WIFE RESIDED IN THIS HOUSE, AS HER MATRIMONIAL HOME. SAY FOR OVER A YEAR.
So this fact is covered under DV jurisdiction.
Ownership is not a defence, once they resided as h-w.in a particular home.
So in this case, wife is entitled for order of residence in the house, and refusal means offence.
So be very careful.
Bills and rental premises prove THAT , you people thrown her out.Those evidence harm your case, and prove, she is deprived of shared household of matrimonial home, where she came first after her marriage.
Look at the Law point only.
AND DEFEND DV..
aman
(Querist) 16 February 2014
dear sir, she can get residence ordr only when she proves that sme kind of domestic violence hapnd with her...in her cmplaint she has mentiond fake incidents at that time she was nt in our house..and in 498a fir she acusd her husbnd i.e. my brother also in same incidents..
>and in her cmplaint she has statd that she never resided on rent ,she is living cntinously in her matrimonial house since mariage.and also she has statd that her husbnd is unemployd bt truth is he is employd since her mariage we have proofs...it is clear she is lying...
and after all this if she has all rights to win the case just because that she resided in our hous for sme time..it means we have no chance to win ..we should nt fight the case..what kind of law is this..she can do anythng bt we cant stop her...
recently a court in delhi given a judgement that daughter in law cant claim a residnce ordr if that house is nt an ancestral property..parents also hav the ryts to live peacefuly..
aman
(Querist) 16 February 2014
and she has right to get a residnce ordr frm the court bt how she is entitld to enter forcefuly in our house without any court order...
Rajendra K Goyal
(Expert) 16 February 2014
Dear Author,
You have posted 2-3 queries on the same repeatedly, better use old thread for any subsequent query on the subject. It would help experts to understand and advise which may prove beneficial. The information you have given now, most was not required if you used previous threads.
http://www.lawyersclubindia.com/experts/harassment-of-senior-citizen-by-son-and-daughter-in-law-407411.asp#.UwBjWYVRy_I
http://www.lawyersclubindia.com/experts/fake-DV-ACT-CASE-433126.asp
Rajendra K Goyal
(Expert) 16 February 2014
Dear Author,
You have posted 2-3 queries on the same repeatedly, better use old thread for any subsequent query on the subject. It would help experts to understand and advise which may prove beneficial. The information you have given now, most was not required if you used previous threads.
http://www.lawyersclubindia.com/experts/harassment-of-senior-citizen-by-son-and-daughter-in-law-407411.asp#.UwBjWYVRy_I
http://www.lawyersclubindia.com/experts/fake-DV-ACT-CASE-433126.asp
V R SHROFF
(Expert) 16 February 2014
Law are favouring Women..
No advisor like Chanakya ,
and u know , who rules us..
If King himself have to take care of his chair/ his votes at any cost,
You hv to pay that cost.
Kings are selected by notes and votes.
not by their virtues, dignity, Qualities.
We can never get good Laws by such Kings.
& We do not deserve, as we all are living in corrupt, unjust, filthy adm.
Answer is: Go for Niti, Dharma, Truth Lover Leaders: Or Perish.
Weaker sections like minority community, women, are strongest.
and Their thinking, their ruling is also so low, so weak, so scheduled..
And they rule the stronger!!
So stronger, Loose the battle.
& We are compelled to live here!! so bear it.........
Biswanath Roy
(Expert) 16 February 2014
File an application u/s.144 Cr.PC with the allegation against the opposite parties that they filed a DV case against you and your father with some false and frivolous allegations and although they are residing at their own rented place they are often coming to your house with some muscle men and by committing various nuisance creating disturbances in the locality and thereby causing breach of peace and tranquility in the locality. Simultaneously file a SUIT FOR DECLARATION AND INJUNCTION in the civil court of jurisdiction and obtain injunction order against your brother and his wife restraining them from entry in your house.
V R SHROFF
(Expert) 16 February 2014
DOMESTIC VIOLENCE ACT OVERRIDE CIVIL RIGHTS...
Devajyoti Barman
(Expert) 16 February 2014
If husband is not the owner of the house, the wife can not claim for residence order.
So rest assured.
And do not repeat your queries.
Biswanath Roy
(Expert) 16 February 2014
Oh God! made a blunder mistake. Well better you file a criminal case as advised. If inspite of 144 order any untoward incident happens come to us again for appropriate advise.
Advocate. Arunagiri
(Expert) 16 February 2014
I agree with Mr.Barman on the right of the wife over the shelter.
aman
(Querist) 17 February 2014
my questions were-
>what should we say to protection officer as she had calld us.
>what action protection oficer may take on her complaint regarding her belongings in our house..
aman
(Querist) 17 February 2014
my questions were-
>what should we say to protection officer as she had calld us.
>what action protection oficer may take on her complaint regarding her belongings in our house..
ajay sethi
(Expert) 17 February 2014
you can in your written statement state that there are no belongings of the complainant in the house . that for last 5 years she has been staying separately with her husband on rent. in addition mention that 5 years ago your father who is sole owner of the house had disowned his son ie her husband and that they have ever stepped into the house all these years .
(please post all your queries in same thread )
aman
(Querist) 17 February 2014
thanku sethi sir and all experts
ajay sethi
(Expert) 17 February 2014
thanks for your appreciation
T. Kalaiselvan, Advocate
(Expert) 18 February 2014
I agree with Mr Barman and Mr Sethi on the subject issue. Once she is residing with her husband in a separate home, she cannot just like that barge into somebody's house as and and when she wishes so. The protection officer may be briefed about the incidences and positions.
