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SuperNuvos (Own)     26 September 2013

Senior citizen - damage suit


Hello Experts,
   My wife and I are senior citizens and we need your advice on the issues that we are facing current. I will describe the situations in the form of points for easy

understanding:

1. My wife and I co-own the house and have bought the house in 2001.

2. My wife is a house-wife and I am working in a reputed engineering firm.


3. In 2004, my elder son got married and continued to remain in our flat. He didn't own a house at the time of marriage.

4. In 2007, he bought the house just behind our building but didn't shift. The reason was he bought the house and gave it on rent. The money received through rent was used to repay home loan EMI. My son has been single handedly paying all the EMIs.

5. Soon after marital discord started between him and his wife. His wife started harassing, abusing,humiliating and troubling us and my son a lot. She used to call police on false pretexts with an intention of damaging our reputation in the society. Police on all the occassions didn't find substance in her complaints and didn't take any actions in the past. We used to remain under tremendous stress and it was becoming increasingly difficult to cope with the daily humiliations. It also deteriorated our health. Please note that I am a heart patient and my wife is a cancer survivor. My elder son was not involved in this harassments as his he was being subjected to mental harrassment by his wife anyways.

6. As a result, my younger song and daughter-in-law requested us to move along with them. Hoping that our movement would calm down the situations between my eldger son and his wife. My younger son stays very close to our house. We shifted to our younger son's residence in Oct'2012.

7. As we never wanted to be burden on our younger son, we decided to take a separate residence on rent in the vicinity where we shifted in July'13.

8. My son is parallely planning to start his divorce proceedings

 

Queries:

1. Can we file a damage suit  against my son and DIL (as we can't do it against my DIL alone) of extreme mental harassment, humility and damage to repuration in the society? We want to ask a compensation as well for this to secure our future as I am already retired and taken up a job to support my wife and myself. 

2. Shoud it be a civil or criminal case?

3. Will it affect my son's divorce case?

4. What is the success rate of such cases?

 



Learning

 4 Replies

Ranee....... (NA)     26 September 2013

You did mistake leaving your self acquired flat.Now it will be very difficult to remove her from your house .Even after filing divorce won't settle the matter.

Come back to your own home .Your wife can file a domestic violence case on your son and DIL asking remedies for protection order, compensation and own home.Discuss with a local seasoned lawyer.


(Guest)
Originally posted by : Nuvo


Hello Experts,
   My wife and I are senior citizens and we need your advice on the issues that we are facing current. I will describe the situations in the form of points for easy

understanding:

1. My wife and I co-own the house and have bought the house in 2001.

2. My wife is a house-wife and I am working in a reputed engineering firm.

3. In 2004, my elder son got married and continued to remain in our flat. He didn't own a house at the time of marriage.

4. In 2007, he bought the house just behind our building but didn't shift. The reason was he bought the house and gave it on rent. The money received through rent was used to repay home loan EMI. My son has been single handedly paying all the EMIs.

5. Soon after marital discord started between him and his wife. His wife started harassing, abusing,humiliating and troubling us and my son a lot. She used to call police on false pretexts with an intention of damaging our reputation in the society. Police on all the occassions didn't find substance in her complaints and didn't take any actions in the past. We used to remain under tremendous stress and it was becoming increasingly difficult to cope with the daily humiliations. It also deteriorated our health. Please note that I am a heart patient and my wife is a cancer survivor. My elder son was not involved in this harassments as his he was being subjected to mental harrassment by his wife anyways.

6. As a result, my younger song and daughter-in-law requested us to move along with them. Hoping that our movement would calm down the situations between my eldger son and his wife. My younger son stays very close to our house. We shifted to our younger son's residence in Oct'2012.

7. As we never wanted to be burden on our younger son, we decided to take a separate residence on rent in the vicinity where we shifted in July'13.

8. My son is parallely planning to start his divorce proceedings

 

Queries:


1. Can we file a damage suit  against my son and DIL (as we can't do it against my DIL alone) of extreme mental harassment, humility and damage to repuration in the society? We want to ask a compensation as well for this to secure our future as I am already retired and taken up a job to support my wife and myself. 

2. Shoud it be a civil or criminal case?

3. Will it affect my son's divorce case?

4. What is the success rate of such cases?

 


Dear Senior Citizens: First fault was letting your kid stay with you with his wife. The moment you felt the heat, you should have thrown them out. You moving out was a quite foolish decision. If you want to get that flat back,

1 Ask your son to file divorce, then she automatically will move out of that place and then you ppl can move into your flat again.

2.  if stil she does not move out, then file civil injunction stating old age and that your son and DIL are a pain in your arse, citing old age, [chronic ilness etc] and the need for you to lead a peaceful retired life, by this way too you can get your flat back.

Ranee....... (NA)     27 September 2013

This is a wrong concept that she will move out of home automatically on mere filing of divorec.Even Supreme Court says there is no automatic rule that a divorced wife need to leave husband's home if no such terms and conditions were fixed.

SuperNuvos (Own)     28 September 2013

Thanks for your suggestions and advice. I would like to mention that son and DIL are the co-owner of the house in the same locality that is lying vaccant. We are planning to send them a letter to vaccate our house and move to their house. The house they are currently staying belongs to me and my wife.


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