shivani (housewife) 29 May 2016

Order 39 application..please help

My inlaws filed for injunction suit in march 2016.i hv given my written statement.. my inlaws have also filed for order 39 read with sec 151 cpc application in the injunction suit wherein they have made a pleading that my inlaws want an expartee order that court should evict me till the verdict of the case..10 days bak FIR under 498a has been registered against husband and inlaws so will the judge evict me from my matrimonial home just because FIR has been filed on my inlaws and will it be taken as cruelty under order 39 read with sec 151 cpc ?

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Vijay Raj Mahajan (Advocate) 30 May 2016

If the house where you stay presently is your matrimonial home the order for your eviction will not be possible immediately till your husband make arrangement for another place of residence for you.

You have a right of residence at the cost of your husband under the Protection of the Woman from the Domestic Violence Act, 2005 and you can avail your right under the Act anytime.

SAINATH DEVALLA (LEGAL CONSULTANT) 30 May 2016

UR right ceases only after UR husband leaves the house for a separate accommodation, under the Protection of the woman from the DV Act,2005.

shivani (housewife) 30 May 2016

But i don't want to stay on rent.. yes am staying in my matrimonial home and its an ancestral property.. i asked for an alternate accomodation under dvact but at that time i was at my parents house..later i entered my matrimonial home.. now i have informed the judge that i don't want to stay on rent..but my husband/inlaws are taking an advantage of this ..husband has offered an alternate accomodation but i have refused for it bcz i want to stay in my.matrimonial home.. so will the judge send me on rent without my consent forcefully?