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Originally posted by :@@pragya###
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Sir, will this disowning have any effect on the DV case if MIL is a party of the case? Will it help the wife side to prove violence on her by in laws?
I want to know Danny's question's answers also.
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aha….
A very tricky yet interesting que you asked......
1. For this post purpose not otherwise only if MIL is R2 then based on allegations the DIL has to prove her case during final hearing and get finality on all / allowed relief’s which were granted to her during prime facie stage.
2. Disowning here if for saving property riding on cause of action of son is what has happened though if MIL is made R2 she still be asked to be present in Court during proceedings and or be represented by a Adv. as it seems she (MIL) did not ex-communicate her DIL along with her Son the moment she (DIL) left home and now that she has filed for Bharat Ratna DV Act. Actually the son should take seperate residence and offer the same ot the lady to save family property yet keep the lady's interest (immediate residence) also protected as per releif provisions in this Act is my view.
However there are umpteen Orders / Judgments right from trial courts to HC to SC where residence rights DIL may not get if property is in In - Laws name and under disownment. All this MIL needs to do now is to file cross case (civil injunction) irr-respective she (MIL) doing it after being made R2 or prior to filing of Bharat Ratna DV Act by DIL i.e. just after disowning as the property is hers and in joint families after marriage the son are at mercy of parents on whose name the property is to stay tuned with their marital life with a new lady brought to matrimonial home. At any time parents on whose name property is can disown their children and it has nothing to do with DV or otherwise Act cases.
All depends on timings and presentation which is what a smart Adv. hard work pays dividends to victim family (Son - MIL) rest is all perception and pressure of feminist brigade which I donot wish to touch as I have time and again spoken tits - bits here in this very forum which you may refer to if already not done :-)
Now on to Danny’s gr8 que(s).;
It seems you want to bake and eat the pastry on the D - day the Bunny’s Pastry Shop opens by placing before us your two innocent que(s)......
(1) Can I not stay in my father's house after disowning? Not even as a guest?
Take.: NO. Generally this plea is reverse taken by errant metro wives and they say in application that they are living as guest in their natal home in a way it is right and flip it and it shows other side of story. Once you are disowned that means you are on streets and or living at Presidential Suit no. 504 of Maurya Sheraton Hotel it is your issue not that of person disowning you (here your parents). NO, you can’t enter the property from where from you have been disowned otherwise it will be wrong (false statement) to disown you to begin with for court cases purposes it seems. No you cannot communicate and or take cozy favors from the same persons behind laws back if that is what the hidden intent is all about.
(2) Can he not give me any money...or transfer any money in my account?
Take: Off the records if under your name you mention managing partner and yet ask this innocent que., then something is not right being managing partner it seems and moreover once you have been disowned that means you have no legal status with those persons so how you can eye / expect pocket money for the records and or off the records coming into your bank account by way of transfer that means money trail is left out open for opposite side to call of bank statement records and point them to the Court as inference of intent to disown !!!!! Start earning your own now that you are legally disowned by erstwhile karta. Now for the records my beliefs are that provisions of law should be used truthfully not for the sake of making fun of opposite party and there are no. of ways one can royally cause sleepless nites in matrimonial suits and for the sake of wife filing Bharat Ratna DV Act showing disowned is not right way in the sharp eyes of law and there is a method to do all these things and any smart Adv. among us may be competent to show way to you if these two que. are of your situational cause of action based.
Addendum of abv. takes are that,
(A) once your situation is of joblessness / lost my job etc. is what you showcause now then I would suggest to bring this status (change of circumstances) immediately to the notice of the concerned Court by way of affidavit and if a termination letter is also there then it is much better then a plain vanilla resignation letter while any maint. suit(s) are pending as it gives more options to a Indian victim husbands side to climb over to higher forums if meanwhile maint. awarded i.e. in joblessness status which is obvious that the damage would be beyond their pocket to pay to their metro madam. Com’n in eyes of Law both gender are equal is what every prudent adv. believes and it is not absolute must that husband needs to beg / borrow / steal and yet pay maint. when SHE IS ALSO ABLE BODIED person is my belief for fighting it out.
(B) That is the reason I call this Act, 2005 BHARAT RATNA it makes both gender read with both sides parent forced to do things which are not customary, traditional such as disowning / safe guarding property etc. which 10 years back was not common practice but today the moment a Bharat ratna DV Act application is filed by applicant / aggrieved person (shrimati ji) and In Laws have property the first defense line position taken is disown bl**dy son and this adult son is clueless where to sleep the first nite and or get pocket money from if jobless. No offences to DF these are my general comments on this gr8 Bharat Ratna DV Act. 2005 and not meant for your situation but I feel sad when I see gross misuse effects of this Bharat Ratna Act pervading harmonious Indian HOMES.
@ Pragya………hey lady donot trick me to exceed my self limit bandwiddth instead come on PM if you want and test me on legal points if that is the soft intent.........
