Residence to rights dil dv

All children share the rights of ancestral property with their father and his sibblings.  That means all legal heirs of grandfather have a right, and you have a right in your father's share..  Son's widow is having equal rights.  However when son is living, wife can not demand a share in that ancestral property.

However lot of details are required to give any suggestion as Hindu law is a complicated one and requires several facts of relationships.

If you are living in same house then your wife can claim right to reside else she cannot

Moreover, she need to prove the allegations mentioned in her complaint to get any relief. If NO DV PROVED THEN NO RELIEF

She is residing with me before filing of DV but not after and matter started 7 years ago. In Interim Maintenance order there was no order for right to reside but after long time she again filed the case and also on the orignal case already stayed from high court.

Pl help.

Originally posted by : Sachin
	Moreover, she need to prove the allegations mentioned in her complaint to get any relief. If NO DV PROVED THEN NO RELIEF

If a wife wins a Restitution of Conjugal Rights case after being thrown out of her matrimonial residence, is it proof enough to get relief?

Originally posted by : victimof bisedlaw
	She is residing with me before filing of DV but not after and matter started 7 years ago. In Interim Maintenance order there was no order for right to reside but after long time she again filed the case and also on the orignal case already stayed from high court. Pl help.

Right to reside will be decided at the end means at the time of final judgement and  As stated above if she fails to prove her allegations then no relief.

Originally posted by : Arunima Saha
	Originally posted by : Sachin Moreover, she need to prove the allegations mentioned in her complaint to get any relief. If NO DV PROVED THEN NO RELIEF If a wife wins a Restitution of Conjugal Rights case after being thrown out of her matrimonial residence, is it proof enough to get relief?

Judgement of RCR may be helpful if she wins the RCR but still she has to prove the alleged act of curelty for any relief. 

Originally posted by : Arunima Saha
	Originally posted by : Adv Radhika Mehta Originally posted by : Arunima Saha     Incase the wife gets an RCR Decree in her favour and the husband dosent allow her entry into the matrimonial home, wife can file execution proceedings under Order 9 Rule 13 in which she can seek attachment of his property.

I don't agree with the above mentioned views , " Winning RCR" has nothing to do with "enterance in matrimonial house".

In simple words RCR means "giving marriage a another chance" which can be given at rented accomadation and not necessarily  in  inlaws house.

And right to reside as per DV Act is " right to live in shared household"