Dv act 2005-residence order

Originally posted by : Ramesh

1. Wife was living in a shared household in rural area of population 8000, but she has demanded the well furnished house in metro city having population of 8000000.can it be possible?
Take: No she can not be allowed a Penthouse at New York city's 5th. Avenue !

2. Wife has left the house by her own after collecting all the bag and valuables in the absence of husband from the shared house hold which was on rent and subsequently it was vacated by the husband due to his transfer, Can she is eligible to claim accommodation anywhere of her choice.
Take: No not anywhere but where she currently lives at the time of filing a Complaint under DV Act or where her husband as respondent thereto currently lives.

3. Husband at present is living in third place where wife had not stayed therefore this is not shared house hold .can she ask the residence order to live in that third place.
Take: Yes, exactly at this third place her shared household gets justified in accordance with spirit of DV Act, 2005 flimsiest r/w widest definition of word and phrases "shared household".

4. wife case of maintenance in CRPC 125 was rejected and thereafter she has filed a case of DV Act 2005 and again demanded the protection order, residence order, monetary relief and compensation order. What will be the expected decision of the court in above situation?
Take: Women in generic ask moon under DV Act, 2005 and complete moon's facts have to be narrated in brief to give further / any worthwhile suggestions under this para.

5. Wife has made parties to all the family members of the husband who are living in other state in Patna before the marriage, at the time of marriage and at the time of leaving by the wife from the husband’s place Nagpur. Who is living there with his wife? Can parents of be made as respondents and she has issued notice to all? In reply with details of the case husband and his parents prayed the court to discharge and dismiss the case against them on the above ground. will it be accepted by the court.
Take: if prime facie she cannot establish necessarily to array your family's  domesticated dog then Court in due course will certainly discharge such arrayed respondents from list of respondents. Wait and meanwhile invoke blessings / special assistance of Lord Hanuman.

6. Wife has filed the case of DV act after 10 years of alleged incidence without any supportable documents. will court will rely on it
Take: Gospel Truth are always relied by Court prime faciely. Bear her gospel truths like so many other victim husbands and their side of families are bravely bear it out.

7. Wife is doing service before the marriage and after leaving the husband again joined the service and earning equal to the amount of husband and therefore family court has rejected her maintenance case but what will be the opinion of the another  court where DV case is pending.
Take: Certified copy of Order with proof of her income in decided S. 125 CrPC case may be produced in DV Case for denying her here similar monetary relief.

8. Under circumstances what will be possibility of relief to HUSBAND and what further precaution should be taken by the husband so as to quash the false petition under section 12 of the DV Act 2005 of the wife based on the above details and what course of action wife can be initiated ? please guide.
Take: Two ways to answer this para;
One - Read and make notes of last 550 replies on DV Act which are still there in LCI Family Law and Criminal Law Forum.
Two – Seek appointment for a very detailed Chamber discussions with a more seasoned Advocate than the one you have currently who knows DV Act as back of his palms, offcourse Consultation fees this option attracts, think about it and act accordingly J