PDVAW marital home AP

Originally posted by : ragz hyder
	NRI husband has left India. Parents temporarily away from India. Might have to return sometime. Girl threatening to barge to Parents house. Small time spent by boy - 4 days with retartded girl was spent at parents place House Self acquired by Parents and in their name. Can girl come in? If she does is it difficult to throw her out? Civil injunction needed? Guy prepared to provide separate accomodation for b*tch if needed. 498A ground for international country prosecution or legal issue? How to know if 498A been filed?

Civil injunction is needed.

However with exparte orders for residence and protection she can barge in to the house.

But as the property is self aquired, technically she cannot barge in, even if she comes into In-Laws house, she cannot stay there as her husband is not staying at that place, she can stay only with husband, not with in-laws.

She can barge in to the place where the husband is staying, dont know about her financial capabilities as to whether she can follow mary like a lamb in a foriegn soil too,

Until 498a has been filed, one cannot know, but through friends circle you may try to get some info.

She cannot barge into foreign soil..that much I know.

And that is the main point/Question I had. Can she come to in-laws place when Husband is not staying there? Wanted to be very sure.

so lets say she comes in...can they complain and throw her out with police?

Please need to be sure here.

Originally posted by : ragz hyder
	She cannot barge into foreign soil..that much I know. And that is the main point/Question I had. Can she come to in-laws place when Husband is not staying there? Wanted to be very sure. so lets say she comes in...can they complain and throw her out with police? Please need to be sure here.

Lets put some common sense into use here.  No offence.

In the DV case there should be some allegations, she cannot write and give two lines that she wants to go back to matrimonial house.  She would have made N number of allegations towards you, your parents, your sisters etc.  After making such allegations, given that you are not staying with your parents, she cannot stay with your parents [even she will be scared that what all false allegations she  has made might come true in your absense, if she prefers to stay with your parents]

Buddy, she will get residential orders with police protection, the nearby police station will be issued an order to that effect.  When the police gets such an order from court, the police will summon your parents, and your parents have to go to the PS and there tell the fact that our son is not staying with us anymore and we wont let our lovely DIL to stay with us after all the allegations she has made.  Here make sure that they put in a word that we wont be responsible if something happens to her.

I have seen the same case myself, and with many other people whom I know... And what will your lawyer be doing till then?? Even he has to convince the opposite party lawyer/client that she cannot stay with parent-in-laws.

Final word.  She cannot barge into your parents house.

Thanks dude...atleast one relief...so why is there a need for civil injunction?? Just to be on safer side ??

Originally posted by : ragz hyder
	Thanks dude...atleast one relief...so why is there a need for civil injunction?? Just to be on safer side ??

Some people are shameless [like beggars] kuch nahi he dene aage jaa .. kahein tab bhi... allah, maulah, bhagwan ke naame pe chilllate rehti :-)).

To handle such kind of people, civil injunction would become necessary.

:) nice corollary

Tell your parents to disown you or your parents can dispose of their house which is in their name and take a place elsewhere :-) . Once this is done she cant come and stay at your parents place . 

As you are in a position to provide a rented accomodation . The Right To Residence  is fullfilled over there . 498 A has no effect outside india . Only when you return to india it would take it course of action . Till than remain cool . 

^^^

Disowning now is of no use.

One more thing I forgot to mention.

When you are not found at your parents place

police will come and search for you at your parents house.

Then your parents and other fellow members of the family will be taken to PS and there a VDO recording will be done of the statements issued by your parents.  Your parents will have to tell in the VDO that you dont live with them.

Then such VCD will be sent to the magistrate.

Then further action.