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Anonymous1 (fjslfj;)     28 December 2010

Is this justifiable

Hello All,

 

A family of 6 (Father, mother,2 sons & 2 daugther-in-laws) stay in an house owned by the father. Few fire accidents happens in house in a span of 2 days. The family intimates the fire department and police department about the incident. They try to find out the reasons for the accident but werent successful. The 2nd daughter-in-law leaves the matrimonial house and says that she will not come back to the house ( her parents thinks its an attempt murder on her) and says she would come back only if the entire family shifts to a new house.

 

The family is a very respectable family in the locality and have been staying in the house for the past 30 years. There have been no such fire accidents in the house till this one and no fire accidents after the daughter-in-law left the house. The family is emotionally attached to the house as it has bought so much of good things and have no intentions to leave the house. The family considers the fire accident as an act of evil and did all possible poojas.

 

THe husband has filed RCR now. What if the wife states in the court that she would like to join if they move over to a new house? Husband has no intentions of moving out.  How can the family answer questions on the reason for fire if questioned by the opposite lawyer?



Learning

 7 Replies

Tajobsindia (Senior Partner )     28 December 2010

@ Author

First of all DIL needs to bring evidence of fire in the family home and establish the fact that; to shoo her away from her own matrimonial home it was mastermind of the whole of HUF.


Second a fire in any home is nothing but a unfortunate incident and can happen even in a public loo too at any given time so unless there is a hidden motive which is not coming out from bare reading of your presented facts nothing as concrete legal advice comes out of these orthodox / superstitious questions.


I don’t see any reason to throw away a family property of three decades old on one fire incidence. Think aloud and be practical a joint family is always better than nucleus family of today !

 

The problems lis is in DIL and probably not withreported joint family. 

Anonymous1 (fjslfj;)     28 December 2010

@tajobsindia,

 

Thanks a ton for the response. To throw more light, below articles caught fire during the incident:

 

1. Clothes in Veranda

2. News papers below TV stand

3. Plastic stool

4. Cot and bed (used by the 2nd son & daughter in law)

5. One tiny corner of the daughter-in-law's dhuppata.

 

Note: Items 1,2,3 & 5 were in ground floor where the Father, mother, 1st Son and 1st DIL stay. Item 4 was in 1st floor where the 2nd son & 2nd DIL stay. The DIL was in ground floor when items 1,2,3 & 5 caught fire and had visited 1st floor just 5 mins before item 4 caught fire. No one else in the family visits 1st floor and the DIL was the only person who was there. Husband was in bangalore when the entire fire incident happened.

 

Is the DIL justified for asking for house change as only her dhuppatta caught fire and no one else's did?

Tajobsindia (Senior Partner )     28 December 2010

This is a old enquiry already much replied if my memory is strong enough to rebut you. Why you are asking and investing our time again on same orthodox questions.


Ask yourself a question and the question is;


Your mother does not give you cup of morning tea on your bed - will you leave home ? If answer is yes then that is the answer to your question. If answer is no then use your education to come out of these orthodox / superstitious questions.

Anonymous1 (fjslfj;)     28 December 2010

hi,

 

I agree its insensible to leave the home and i am off the same opinion as you are. But my education is not helping me on how to prove our innocence in courts where everything has to be proven with facts. Thats why this question.

Anonymous1 (fjslfj;)     28 December 2010

Typo error in above message..

"and i am off the same opinion as you are" to be read as "and i am off the same opinion as you are"

Anonymous1 (fjslfj;)     28 December 2010

"and i am off the same opinion as you are" to be read as "and i am of the same opinion as you are"

Roshni B.. (For justice and dignity)     28 December 2010

yes,i have also read this question many months back.

how come you have not found a legal solution till now...when you had asked this question earlier,many experts includimg prabhakar jee had also replied...

 

still the same question has come up....STRANGE!


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