Urgent plz in domestic violence

Mr Roy,

I only simply have raised a question out of your above mentioned valuable answer:

That "I am not able to understand  how by simply filing a case under 498A and DV a person becomes Divorcee loosing his/her status of Husband and Wife and thus in consequence looses her right to stay in her matrimonial house  ????     Which is her fundamental right being a legally married wife, till she looses her status of the wife.

Quoting your words only that "and as such she lost her right to stay with you in your flat as husband and wife."

That your above reply that"""" as a legal Expert. one must know................."""".do not convince me at all.

That providing an alternate arrangement of her accommodation comes only when she demands for that and not before.

That  where I did not take precaution for prevention of recurrence of crime and what the legal ethics involved have been breached in my answer  I am not able to understand....please explain.

@ Learned Mr Anand Bali,

 I am afraid to say I  am under moral obligation to provide querist with my opinion and advice in this club but not to experts to help them to enrich their knowledge. One can easily understand that a practitioner of long experience like me and a recorded Senior Counsel never gives any palpable advice to any body without any logical reasoning based on legal provisions and decided views of different Judges of High Courts and Supreme Court of India, even the principles laid down in the HALSBURY LAWS OF ENGLAND is also comes within the purview and scope of sec.498A. Besides, the discipline which are being followed by the Judges in deciding the cases by following enactments introduced either in the 18th. or 19th. century are also to be considered while dealing with query.

However, you may differ with my opinion as law is debatable always but I am afraid to say again that I cannot open a coaching class on the verge of my life. i also request you to look at my profile.

I have a query from Learned Senior Counsel Anand Bali --> I would like to know which Indian law uses the word "matrimonial house" ?

A very simple question indeed. Thanks in advance.

@ Respected Mr Roy,

Sir, I salute your Seniority.

It must be my  inability  that inspite of your quoting HALSBURY LAWS OF ENGLAND and many unnamed decisions of  SC and HC's, I am not able to under sand the answer of my curiosity .

We still have to learn much from you and your experience.

Thanks for your efforts..

@ Mr Reformist,

Please ref. 1.Osborn's Law dictionary OR 2. Black's Law dictionary , You will get this word with a suitable explanation to your expectations.

Many of the words are of common use and of communication and some time do not come as verbatim in any Lay down Law .

My answer is also very simple for which You appreciate must.

Sorry,, i don't want to be a super expert of the experts as it will be a laudable task to meet their number of queries based on superfluous issues.

Matrimonial Home/ House:  is "The place where the Husband and Wife live together."

A spouse who has no right  by virtue of any estate, interest, contract or enactment to occupy the matrimonial home is given protection from eviction or exclusion by the Matrimonial Homes Act 1983.

Learned Mr. Bali, 

You know better than me that on the question of date of effect of sec.498A IPC viz., whether it is prospective or retrospective principles laid down  in  Halsbury  Laws of England is still followed by the Courts.

I don't find anything wrong in learned Advocate Mr. Bali's opinion advising the author to request the court to appoint a commissioner and with the help of police find out the facts prevailing as pleaded by the author before the court that she is still residing in the same residence but has alleged that she was thrown out of that house where as the fact being that she had infact threw her husband out of the house.  This opinion cannot be disagreed neither any other better suggestion can be made hat can b held legally valid.  Though an advocate can interpret law up to the level of his knowledge, how far it will be acceptable depends on the efficiency of the said interpretation.  Therefore, if your advocate is reluctant to follow the procedures, you may change the counsel so that you do not stand losing your case due to your counsel's mistake.

Well i do know the meaning of matrimonial home. But the DV act does not mention anything related to matrimonial home and has only explained about shared household. Matrimonial home can be termed as the house taken by husband from the government from his state or central govt job. That does not mean that wife can stay in that matrimonial home for a life long, The fact has been explained by Honble supreme court in Batra vs Batra judgment.

A small query to Kalaisevan Ji --> Can u pls guide when one person asks for court commissioner, does that fact of asking a court commissioner is shared with other party ????? Or judge can appoint the commissioner without informing other party so as to bring balance and facts on table in the case.

 

May I request to all of my learned expert friends to stick to the query of the author please and not otherwise.

See what you can do is either throw her out forcibly. You can attract Dv+ 498+ maintenance but you will save the house. 2.) You can try selling house or mortgaging if you can't expell her to a property agent. 3.) You can deny allegations in court and show willingness to maintain her at rental accommodation and give new address of present stay in court. 4.) Best is to dispose off the property as its gnna create a problem for u in near future. 5.) Make a f.d. and pay her by the interest accured monthly. 6.) You can gift a propety to trustworthy relative and ask him to file a civil suit to vacate premises. And file it against trespassers including you, so when cross examination and trial starts, since you vacates premises it will be against the one who has tresspassed. 7.) Court wont recognized it as a malafide motive since you are also the respondent party to the trial. Lenghty but fruitful if you wanna save property. It still advise to dispose off the property. Good luck.

Please take reference of my post also along with other experts from the following link : -
 

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U4nRKnbYVdg