Legal Question in Criminal Law in India

Resp.Sir,

According to Domestic violence Act 2005, the dispute arose in between mother and married daughter. Mother is pensioner and divorcee women and in her govt. service life, she purchased a flat in the year 1993 in the name of her daugher ( whoes age was 20 yrs.unmarried and a student at the time of purchasing the disputed flat) and minor son( at that time 15 yrs.old)whoes guadrian was mother. so in the deed of purchase agreement the name of daughter and minor son are purchasor and executors. and the signs of purchasor are of daughter and mother as a minors guardian for son are thereof. Later on the daughter get married in the same year. But before marriage she made an affidavit and relesed her rights of her part in the flat in the name of mother. from the marriage ay the daughter lived with her husband another place till 2000. In the 2001 daughter was getting dispute with her husband and lived seperately another rental place.and get divorce. In 2002 the daugter get some quarrel with local man, In that incident, the son of pensioner women murdred by that local person. Then after the daughter changed her recidence various places and remarried. After remarriage the new husband also not look after her so in the year 2007 she requested mother for staying with her for some period. mother agreed. After few months, the new husband of daughter starting to visit the house and start to staying with wife(pensioner woman's daugher.)Now the daugher and her new husband claiming pensioner's flat and harrasing her for vacate the premices of flat. as well as both the person assaulted the mother.

Now the mother filed case as per domestic vio. Act 2005. against daughter and her husband. Whether the pensioner woman get relief ? The daughter's lawyer challanged the case according to sec. 2Q. and given cytetion of SC's case -Batra and others v/s Taruna Batra. is this case fit and proper for above matter?

Plz. Give me your valuable opinion as soon as possible. Thanking You.


Asked on 5/19/11, 2:37 am

1 Answer from Attorneys
Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

recently the sepreme cout said that the women can be a party so that challenge is totally infructuous.contact a good lawyer or with me in my number 09874753359

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Answered on 6/08/11, 7:45 am


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