hi,
My lawyer suggested that my mother should file for a case against my wife restraining her from entering my parents home. I suggested him that I should get disownment instead.
Please advise which one is better.
Regards,
JanDec
Law_Learner (Asst. Mgr.) 27 October 2014
hi,
My lawyer suggested that my mother should file for a case against my wife restraining her from entering my parents home. I suggested him that I should get disownment instead.
Please advise which one is better.
Regards,
JanDec
Tajobsindia (Senior Partner ) 28 October 2014
@ Author,
1. If your wife has filed any civil - criminal case against you - your family members then 'disownment' now will work in right direction, but, read with para 3. BTW, there is no Law as such on 'disownment' it is just private thing which people are doing on some notarised paper or via newspaper advertisement.
2. If your wife has already filed any civil - criminal case against you - your family members then injunction against your wife is right legal move provided the said property suit matter title belongs to (either) parents name and your mother or father can file the same.
3. However, to make more effective the whole special facts of yours why donot you move out to a tenancy and invite wife there and let your parents act on above para 2 which is more effective remedy?
4. However, discuss further, para 2 and 3 with your local advocate and under his direction ask parent(s) to act accordingly.
[Last reply]
Sudhir Kumar, Advocate (Advocate) 29 October 2014
already suggested regrading diswownment on other thread
K.K.Ganguly (Advocate) 29 October 2014
1. You need not be disowned by your parents,
2. You are just required to stay seperately from your parents house since wife has the right to stay with her husband & on this ground she can enter your parent's house but refuse to leave later on,
3. So, take a rented house & send a legal notice asking her to join you at your newly taken up place within 15 days or face legal consequence,
4. This way you will legally inform her about your leaving your parents' house & taking up own accomodation seperately,
5. After that your mother can file a DV case against your wife and also file an application restraining her entry in to your parents house since you do not stay there.
Sudhir Kumar, Advocate (Advocate) 29 October 2014
If your lawyer has advised the disownment theory then it is better that you hire a lawyer who knows the job.
T. Kalaiselvan, Advocate (Advocate) 29 October 2014
As rightly observed by learned fraternity above, there is no provision in law for disownment, it is individual's convenience. You may opt out of your house to a rented accommodation in order to keep your wife's claim for an entry in to your mother's house and also your mother apart from filing an injunction case, can file a DV case against her for the tortures meted by her to your mother. Contact and consult a better lawyer than the one who is misguiding you.
Sudhir Kumar, Advocate (Advocate) 30 October 2014
@ experts above.
The authro has not described full facts. We do no know to what extent the advise given to him will fit into his case.
Unfortunate he is already suffering having hired an advocate who has fanciful ideas of "disownment" etc. So let him disclose facts and then seek sound advise.
Sudhir Kumar, Advocate (Advocate) 30 October 2014
The forum must be thankful to youfor having expressed gratitude in one of your threads.
But at the same time it is seen that
(i) You have multiple threads on the same issue.
(ii) In any of the facts you have not conveyed full facts of the case
You are thereby :-
(1) You are disclosing that you have no faith in the wisdom of the experts and repeatedly blogging same words.
(2) Seems you rate experts as students of different section and set identical question paper for them.
(3) Depriving the experts of the honour of giving correct and comprehensive advise.
(4) Based on half faces you may get half baked advise which may not suit you and may even be counter productive and then you blame the experts.
You have following threads on the issue :-
(1) https://www.lawyersclubindia.com/forum/details.asp?mod_id=111168&offset=1
(2) https://www.lawyersclubindia.com/forum/details.asp?mod_id=111299&offset=1#.VFGcBGeO5G0
(3) https://www.lawyersclubindia.com/forum/details.asp?mod_id=111298&offset=1#.VFGbpWeO5G0
(4) https://www.lawyersclubindia.com/forum/details.asp?mod_id=111483&offset=1