Domestic violence act

This query is : Resolved 

Querist : Anonymous (Querist)
18 October 2020

My wife has filed various cases against me in 2016 including 494, 498a, 125 and domestic violence. We are living separately since then. Judgement was passed in 2018 regarding maintenance and I am paying it. Does the recent amendment in the Domestic violence law give my wife the right to return to my house, which is in my father's name? The other above mentioned cases are still pending and I am not willing to bring her back because of fear of her filing other false cases. I had filed for divorce in 2015 but the case was closed ex-parte as my lawyer never informed me about court dates.

Dr J C VashistaOnline (Expert)
19 October 2020

You have already engaged an able, competent and intelligent lawyer who is well aware about facts and circumstances of your case(s) and well versed with law applicable on it, what is his / her advise, follow it.
If you are not satisfied with your lawyer's performance or any other reason it would be better to contact, consult and engage another local prudent lawyer for analysing of facts / documents, professional advise and necessary proceeding in appropriate Court.

Isaac GabrielOnline (Expert)
19 October 2020

As you are paying compensation, chances of her return to your house is not feasible. However you need to pursue the dv case, otherwose complications may arise.

P. Venu Online (Expert)
19 October 2020

In spite of the recent judgment there are grounds on which your father can resist if she makes such a petition.

Rajendra K Goyal Online (Expert)
19 October 2020

Court has not ordered as mentioned in your case.

If any such order issued, your father must oppose.

Advocate Bhartesh goyalOnline (Expert)
19 October 2020

As per recent judgment of S.C. If you and your wife ever lived together in your father's house then court may pass order for sharehold residence else not.

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