U/s 18 e of dv act
shekar hkes
(Querist) 08 June 2012
This query is : Resolved
Dear experts plz help me on this matter,
My Query is U/s 18e of Domestic violence act can judge make a stay order to which property belongs in name of my father (propety gain form is own income not by ancestral property)
Nadeem Qureshi
(Expert) 09 June 2012
Dear Querist
if your father is also a respondent in this case then the magistrate has power to stay to sale this property
18. Protection orders.- The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from-
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;
(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;
(g) committing any other act as specified in the protection order.
Feel free to call
R.K Nanda
(Expert) 09 June 2012
No more to add.
ajay sethi
(Expert) 09 June 2012
. 7. In S.R. Batra vs. Taruna Batra AIR 2007 SC 1118, Supreme Court observed as under:
?16. There is no such law in India, like the British Matrimonial Homes Act, 1967 and in any case, the rights which may be available under any law can only be as against the husband and not against the father-in-law or mother-in-law
wife cannot claim stay against property belonging to parnets . she has right to stay in shared houswehold belongig to husband or joint family property .
ajay sethi
(Expert) 09 June 2012
. 7. In S.R. Batra vs. Taruna Batra AIR 2007 SC 1118, Supreme Court observed as under:
?16. There is no such law in India, like the British Matrimonial Homes Act, 1967 and in any case, the rights which may be available under any law can only be as against the husband and not against the father-in-law or mother-in-law
wife cannot claim stay against property belonging to parnets . she has right to stay in shared houswehold belongig to husband or joint family property .
shekar hkes
(Querist) 10 June 2012
thankyou very much sir
Shonee Kapoor
(Expert) 20 June 2012
However the scope of Taruna Batra can not be enlarged to the scope of property owned by the father of the husband but when the property is of the nature of shared household.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
