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dv act releifs

Querist : Anonymous (Querist) 21 May 2010 This query is : Resolved 
I want to know that my father in law has debarred my husband vide newspaper from his property. on 1 st june on 13 th june they filed for divorce and shown a false rent agreement dated 10 th june ,that i am was staying on rent with him,despite they have thrown me out of the house with their muscle power.i have filled for 125 crpc and dv reliefs.can i have any right of residence in my matrimonial house.and how to contest for divorce ,i dont want to divorce him,he had applied section 13 a mental torture. rekha gupta
Krishnamurthy Ramdas Iyer (Expert) 21 May 2010
UNDER DV ACT YOU HAVE TO CLAIM ACCOMODATION.SINCE YOU HAVE ALREADY FILED FOR RELIEFS, YOU CAN GET MAINTAINENCE AND ACCOMODATION.
Arvind Singh Chauhan (Expert) 21 May 2010
you can claim right of shared house hold only from your husband. perhaps due to this apprehension your husband would have been debarred from property by your father in law, and created false rent agreement. But if court passes order of shared house hold in your favour, it would be duty of protection officer to make share house hold available to you, where ever your husband stays/resides. If the property is ancestral you have full right on this property.
Legal Fighter (Expert) 22 May 2010
You can seek alternate accomodation from your husband. I would recommend you to go for amicable settlement as otherwise wouldn't serve any purpose. If your husband want to divorce you, there is no point in forcing him to live with you and no law on this earth can force him. It would be better to move ahead in your life by parting ways.
G. ARAVINTHAN (Expert) 28 May 2010
even it is a rented building - your matrimonial home, your can seek for similar accomodation from your husband for your life


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