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Divya (nil)     10 November 2010

How to Stop someone from entering my property for case 498A

My Bhabhi has done a false 498A case on all family members.

On top of that, she is entering & scrutinizing my poperty which is a small piece of land.....Can injunction solve this issue from stopping her entering into my property????

But the question is that she enters my property on odd hours of the day...what do I tell in the police complaint....To top it, nobody from the area near to land wants to state the truth in front of police cause they have been bribed by her...

Please guide me......

Thankyou



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 November 2010

Except filing injunction suit you don't have other choice.  File the suit and obtain the TI order afrter that file a police complaint.


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NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9960223100, 9271971251

e.mail.advocatesawantnb@yahoo.com

e.mail.nandkumarbs@sify.com

REGARDING CASE UNDER SEC.498A AND INJUNCTION KINDLY NOTE THAT.

1. AS CRIMINAL COMPLAINT IS FILED UNDER SEC.498A OF INDIAN PENAL CODE AGAINST ALL FAMILY MEMBERS ,JUST TO HARASS YOU ALL THE COMPLAINENT IS ENTERING THE PROPERTY FOR CREATING PRESSURE AND TENSION.

2.YOU MAY FILE A WRIT PETITION TO THE HIGH COURT HAVING AREA JURISDICTION OF THE COURT WHERE THE COMPLAINT IS PENDING UNDER SEC.498A. THE WP UNDER SEC.482 FOR QUASHING THE FALSE COMPLAINT FILED BY OTHER SIDE.

3.YOU MAY ALSO MAKE AN INTERIUM PRAYER IN THE SAID WP TO PREVENT THE COMPLAINENT FROM ENTERING YOUR PROPERTY AT ODD HOURS. YOU WILL SUCCEED.

4.AS CRIMINAL CASE  IS PENDING POLICE WONT INTERFERE.EVEN CIVIL COURT MAY DELAY THE ORDER . HENCE IT IS ADVISIBLE TO FILE WP FOR QUASHING THE ENTIRE COMPLAINT AND ALSO FOR INTERIUM RELIEF AS SUGGESTED.

YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP .GOOD LUCK.

Dineshwar Singh Kaushik (Advocate)     14 November 2010

Police will not like to interfere in your problem because a criminal case is already pending against you & your family members , in my view the Hon'bl High Court will also not provide any relief to you ,so you have only option to file a civil suit and seek injunction .    


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