Dear learned members,
Case History: Mr. X married Miss Y under the HMA. Mr. X with his family member from the very inception of the marriage tortured Mrs.Y for dowry. After the birth of a girl child, from the wedlock , Mr.X and his family members forcing Mrs. Y to leave the house.When Mrs.Y denied,Mr.X's father with collusion with him,declared disowning his son from his self aquired property and published in the newspaper.
After a few days the father of Mr.X filed a suitagainst his son, daughter in law and her family members under sec 39 rule1 &2 RW sec 151 cpc for decree of permanent & mandatory injunction to vacate the property.
After 9 months Mr.X was ordered by the honorable court to vacate the premises.Simultanneously for namesake Mr.X has got a rented house in his name but is still staying with his parents.
The honorable court asked MrsY to vacate the property as she does not have right on the same when the husband has vacated the premises.
It may be noted that Mrs.Y has not yet filed any case till date against her husband and his family members and has been knocking the doors of various Mahila samities without any remedy.
Lastly Mrs.Y is still staying in her maternal home subjected to various and several tortures only to preserve her right of shelter in the matrimonial house
1)Can a father in collusion with the son, disown him from the paternal property so as to deprive Daughter in law from the matrimonial right over the property?
2)What is the remedy for a victimized Daughter in law to get her right back under these circusmstances?
3)How to prove the collusion betweem Mr.x and his father?
4) Hiw to put these type of family behind the bars?
4) Under what section such collusion and ill motive of disowing the son from the property can be proven and challenged before the court?
5) What should be the further course of action for Mrs Y?
Urgent replies please!
Thanks & Regards,
Haleema
