Navya (homemaker) 29 November 2012

Need injunction order

Hi,

My sister-in-law first agreed for MCD in police station and did a written agreement ( not affadavit) on camera and then backtracked. She filed 498a thru sec-156(3) on husband and parents. Two days post the agreement, she forcibly entered the my parents house. She is staying in our house after filling 498a. We hv obtained AB for all 3 accused. she has given an affadavit in court stating she has compromised.

Initially she said she has returned for 7month olf infant baby but now she is saying she wants share in property and will use the child to arm-twist us.The house is in my father's name. My brother was working overseas and they both have returned from abroad about a month back.

1) Is it possible for my parents to take a restraining order against her.

2) what are the sections under which the abovesaid order can be obtained.

3) which court to approach for this, lower court or high court

Regards

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 29 November 2012

At once approach teh HIgh Court for quashing of FIR - you never know when your sister in law might change her mind. As regard restraining order - understand that your sister in law can only stay in your aprents house as long as they permit her, she has no semblance of any right in their property as held by the SUpreme Court. Her license (permission to stay) can be terminated at any time. She can be evicted and a permanent injunction can be obtained against her seeking to refrain her from entering that house. This suit would be a simple civil suit filed in the Distt Court.

Good Luck !

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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shalini sharma (homemaker) 30 November 2012

Hi,

We have already filled for quash of the FIR and taken necessary affadavit's from her. Kindly elaborate more on the injunction part. Can you tell what section of law can be used for the above said purpose.

A few days back her parents and relatives ,forcibly entered our house and had beaten up my parents. We had registered a police complaint and got an MLR done but police did not take any action against her. Neighbours also witnessed the event and gave witness in police station on camera.

1) What is the duration within which the abovesaid complaint is still active.

2) Can the abovesaid complaint be used for obtaining injunction.

3) I am told, the summons recieved in this case, are in itself temporary stay orders.Is this true.

4) The injunction order has to be obtained both against my brother and his wife or just her.

5) Do my parents need to disown my brother first or simply filling an injunction is enough.

Regards