Very urgent!

She might have filed an application to implede the parties in the case.  If others are impleaded then they will have to contest the case.

no she did not imleaded.Her FIL filed an application to implead him as a party.

Very, very strange.  First decide whether FIL will support the case of the petitioner wife or not.  If not contest the application filed by the FIL for impleading. 

To my mind, it appears, the petitioner wife filed the DV case seeking the relief of "shared household".  Now FIL wants to join the case as respondent to prove that the property is in his name and DIL cannot seek any right to live there. To prove that fact, which FIL intends to prove, there is no necessity to join as respondent party.  He can come as respondent witness during the trial.  If the above said relief is sought at interim stage by the wife, the husband can contest the claim of the wife by filing the title papers of the father on the record.

My advise is contest the application for impleadment.

Chandu sir you have explained the matter exactly as it is happening.Fil has already filed a case to show that the property is his name.But it is not his self earned property.My husband and bro in law have taken loan from SBI to construct the building where in ther first floor my hubby and  bro in law is residing with his wife .In the second floor which was for us(hubby me n my kids) I am living there with court's interim residence order.As propety tilte is in FIL's name he is a co loany with sons.But he doesnot repay the loan.

FIL already filed a case that as the property is in his name so I have no right to stay here but the same was dimissed by CJM as it was an ancestral property on the7April this year.

Now they have again filed two petions , one is to implead and second one is as the property title is on FIL name so again praying for dismissal of the interim order.

I can prove by bank documents that my husband has invested in the bulding equally.He has an extra marrital affair and all his family is supporting him.I have two minor child and they are too attached to their father and i too dont want them to get separated from their father.

Will the judgement go in my favour??Please reply.

From lower court to supreme court, all the judgments go in your favour for two reasons.  The first reason is your husband's financial contribution is there in acquiring the property.  The second reason is that your husband has been living in that property.  The definition in Section 2(s) of the Act (in the last part) says "....... includes such a household which may belong to the joint family of which the respondent (here your husband) is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household".  So your husband's title is not mandatory, but his stay there in joint family is important factor to decide the case.

Regarding your FIL's impleadment, whatever may be the order of the Court (whether the court allow him or not) , that does not materially change the merits of the case and your position will not be disturbed.  On second thoughts, my observation is that if FIL is joined as respondent and as you have already got the order for shared household, he would be bound by this order and any violation on his part would attract penal provision (imprisonment) of the Act.

Normally, in DV cases, the aggrieved party generally adds FIL, MIL, unmarried SIL along with husband as respondents, if she seeks the residential order.  The reason behind this is that the order will be bound by all these people and no one can restrain the aggrieved wife and the children to enjoy the shared household. If she leaves any one of them, that particular person may physically obstruct the aggrieved wife to enter the residential premises.  To avoid this situation, generally all the persons living in shared household will be added as respondents.  

Thank you sir.You have given me good sleep!

Thank u so much.!!