Legal Question in Civil Rights Law in India
information request
suit of prohibitary injunction has been filed by father in law and mother in law(Plaintiffs) against daughter in law and son for not to enter into the house in which Plaintiffs are residing, stating falsely in plaint that son and dauther in law are residing else where. House belongs to father of father in law and daughter in law had been residing since time of marriage, the suit is collusion suit filed by Plaintiff in collusion with their son against daughter in law , at present son is not having any separate house which he claims to be having in his written statement, w/s filed by son is nothing but carbon copy of plaint which itself showing that the suit is collusion suit, Please let me know judgments in like cases rejecting such plea of injunction specially against family member who had been residing in house beloings to family members
3 Answers from Attorneys
Re: information request
The daughter-in-law should file an application under Order 1 Rule 10 CPC for her impleadment as a defendant; AND may also consider initiating proceedings against her husband and in-laws under DVA seeking protection for 'shared residence'. She cannot be thrown out of the house by her in-laws and husband with this device.
Re: information request
You have to file an application seeking to be party in the case contesting the prohibitory injunctions. You are entitled to stay in house irrespective of its ownership.
Re: information request
whatever may be the situation, u may file a complaint under domestic violence act and there you seek residence order qua that house. as per law, u r entitled to stay in the shared household irrespective of the ownership of that house. if you succeed in obtaining residence orders of that house, the suit of father in law etc..would fail.
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