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SURENDER GANDHI (RETIRED)     29 April 2012

Domastic voliance

Dear all

my daughter in law  brother has got protection order for his sister from M M under section  12 of wonan prtection Act 2005 . she got married one year ago both are living with me. I am sr citzen property belongs to me and my wife no child nor she is pregnant.lot of aligetion has put on my son ,me and my wife  mental torture dowry phyisicaly torture etc. pl help and advise




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 5 Replies

Anish Thakur 7018812737 (advocate)     29 April 2012

dear gandhi ,

first clearly explain the condition like date of marriage ,mention conduct of daughter in law after marriage ,is she stayed with your family after marriage or not ?

when her brother got protection from MM?

is her brother is staying with you ?

is your property is self acquired property or ancessotral property?

and the important thing what relief you want ?

SURENDER GANDHI (RETIRED)     29 April 2012

thanks Anish 

dt of maariage 7.5.2011 protect.order date 21.4.2012 daughter  in law is staying with us since marriage her conduct is normal once she tried to hurt herself threaten that I can do any think and will write against you  her parental interference is much in her marriage life her brother does not stay with her .property is self acquired  I want my son and daughter in law  leave my home . can order  be chalaged as aligation put in complaint are totaly  false and she commited in front of Protection officer there is no harsment with me from my in laws and officer  told her brother ( aap ne jaldbazzi ki hai muje tho khoi esi baat nai najer aa rahi ) regarding personal relation of husband and wife both my son and his wife told to offier no relation since 2 months.

please guide what action can be taken ?

JANAK RAJ VATSA (ADVOCATE)     29 April 2012

the order from the protection officer and the right of your son of residence in your home calls for reconciliation effort and counselling by a NGO to ensure a peaceful environment in the house.

rajiv_lodha (zz)     29 April 2012

If u ar eaggreived by orders go for appeal at seesions court

Anjuru Chandra Sekhar (Advocate )     30 April 2012

If there is no direction given by magistrate in protection order in specific, directing you to be part of your son's family (which I think is not the case with you because such an order would be infringment of right of personal liberty guaranteed to citizens under Article 21 of Constitution), then you are within your right to decide to compel your son to set up his own nuclear family to avoid conflicts with your daughter in law.  As the property is self acquired, your son cannot have claim over your property and hence your daughter in law has no case to make before magistrate that it is ancestral property, hence her husband has right over it and hence she too has right over the property for that reason she can stay at the house of her husband who has right over that ancestral property.


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