LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajeev Rao Gautam (SF)     24 April 2014

Need ur help on domestic violance

Hi Members,

Please help me on below matter:

My Bhabhi filed case against my family members under section 19 onwards. I am not sure how to protect my family from this matter. She is greedy and wants to take possession on my house along. Also, she is looking for good amount of money. Here are the facts of this case:

1.       She is not stay with us from last 4 years. She is living separately from year of 2010. This place is 200 km from my home town.

2.       She has owned house which is gifted by my father. It is documented in sale deed in favor her.

3.       She is quarrel. She has already created lots of unwanted situation in my family to take possession on home town’s house.

4.       My mother lodged complaint against her under section 107/116 in year of 2010 for point #3.

5.       We got decision from family consular, in matter to point #3 & #4. She is not eligible to take possession on my home town’ house and she would be live on own home which she gets from Point #2.

6.       Now, she is looking for more than 1800000 from us as her filed case.

7.       In background, she has full support from her family. She has one lawyer is her family.

8.       Now she is not interested to give any statement in front of court. Just she is taking dates from court.

9.       My lawyer is helpless because she is not giving any direction on her concern.

10.   Just we are getting dates in every 15 days interval.

11.   She has already out my father and brother from her home. She is living alone in full support of her family member.    

Please suggest what we can do best in this matter.

      



Learning

 3 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     24 April 2014

You can fight this case many technical issues and get it dismissed.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 April 2014

 a woman cannot file a complaint against her sister-in-law or sister although they may have caused domestic violence as defined under the Act.

Rajeev Rao Gautam (SF)     25 April 2014

Thanks for your response. Please suggest how I can make approach to listen our front without her statement. My lawyer is saying without her statement, we cannot say anything in court. Also, she has good jacked in court department as she has one lawyer in her family. She is just trying to take dates from court and not interested at all to make this case in trial/hearing after her statement. We are waiting for her response from last 1.5 year. Could you please suggest how I can say to court please listen our front as she is not giving her consent. I am not sure why court did not transfer this case into family court counsel. At least we are expecting counseling from court to come truth in front court.  Here are more few facts:

1.       In first case (Dec, 2012) she said family of my husband did not torture me. She filed this case against her husband. Also, she admitted in written statement, family of my husband purchased one house in my native place in favor of me. It is also mentioned in page 19 of sale deed (year 2010). She is staying in this place from last 4 years.

2.       In second case against my family, She admitted in her written statement, family of my husband torture me (last week of Dec, 2012) and said leave this place immediate.

3.       Market value (>40 lakh) of her house more than our house(<30 lakh).

4.       We have only one house and we are 5 members.

5.       My wife is facing lots of pressure due to her thinking.

6.       As she knows that she cannot take more money from her husband because he is not working in govt/ or private company that’s why she filed case against me and my family (including, Mother, Grandmother & indirectly father).

7.       We are not interested at all in her family also not in my brother.

8.       If court says to give point#7 in written statement then we are ready to provide it.

Please suggest..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register