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NJ (None)     11 September 2012

In-laws break into house after divorce petition

Hi,

I am the only child that my parents have (i.e. no brothers or sisters). I got married to my wife 2.5 years back. We have twin daughters aged 1.5 years old. About four months back, on suspision, we started recording the conversations between my wife and her mother. The recordings were startling to say the least. Amongst other things (equally grave), I have recordings where my wife is planning to eliminate us. In one of these recordings, she is discussing with her mother how a puddia (packet) will be delivered which needs to be mixed in the food of me and my parents.

After all this, I have filed divorce petition about two months back. After the divorce petition was filed we recieved threats from our in-laws (who are village thugs), due to which we moved to another city, locking our house. About two weeks back, they broke into our house, by breaking locks and latches. We have since than tried to file a FIR. However, police told us that they will investigate first and only then FIR will be filed. The police is telling us that the girl has a right to live in the house. However, since the house is in the name of my father, IMO the girl has no right to live in the house, against the wishes of its owner, viz. my father. Furthermore, I myself can't live in this house, unless granted permission by my father, how can my wife have a right to this house? Also, if my in-laws have any grievances they can move to either the police or the court, how can they break into our house like this?

Can somebody please clarify the legal position regarding this? Further, 11 days have passed and police has taken no action (they are probably bribed). Should we move to the court for criminal proceedings against my in-laws? Please give your opinion(s) as to how we should proceed. As you can probably guess we are in a tough situation right now, any help will be deeply appreciated.



Learning

 7 Replies

Sanjeev (Lawyer)     11 September 2012

it would be difficult to proceed against them as that is the matrimonial home for your wife and it cannot be proved that she dont have a right to live there. Morever the reason for filing divorce seems very childish hearing to private talks between your wife and her parents....If you dont have any issues in normal life you dont need to spy on your spouse life too much mistrust is bound to backfire.

Tajobsindia (Senior Partner )     11 September 2012

I differ to opinion of Sanjeev.

1. DIL has no right to stay at FIL house based on placed facts before us.
2. She is liable to be evicted from FIl house if FIL files appropriate suite matter making his son also a party thereto.
3. DIL is also liable to pay market rent if FIL succeed in eviction case and similar case based on forced squatting by DIL of a MIL's flat was already decided in favour of MIL recently by Hon'ble SC.
4. Post request before Police to file FIR one should have moved
Magistrate Court at earliest opportunity.
5. Divorce 'grounds' of cruelty based on secondary evidence (recorded media). I reserve right to my opinion and would say "it is too early to mock the bird"

 

1 Like

NJ (None)     11 September 2012

@Sanjeev

(Obviously) We started recording only after "personal life" ceased to be issueless. Right now, I am in a bit running-around-mode. I will probably provide a detailed reply later on (if required). Currently, I am just focusing on their eviction from my father's house.

@Tajobsindia

Thanks for your detailed reply. Can you please provide a reference to the judgement mentioned in point 3 of your reply? It might help us convince some people.

NJ (None)     11 September 2012

I think this is one such judgement [https://www.indiankanoon.org/doc/594165/].

NJ (None)     11 September 2012

A few judgements that I found:

 

  1. https://www.indiankanoon.org/doc/594165/
  2. https://indiankanoon.org/doc/1463618/


Thanks for all your replies folks :).

NJ (None)     12 September 2012

Thanks for the replies thus far.

Would it be advisable to transfer the ownership of the house in the name of a trustworty friend? Because the process of law seems to be complicated and long drawn out. (We anyway wish to sell this house in the near future.)


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