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Domestic Violence Act

(Querist) 24 September 2009 This query is : Resolved 
If wife has filed case under DV Act and court has ordered and provided residence to her. Is it compulsory for wife to stay in that house for full time even if she doesnot feel secure there. Are there any chances of filing complaint my husband and in-laws if wife is not staying there and reversal of order by court. Plz advise.

riven
Raj Kumar Makkad (Expert) 24 September 2009
No. The court has just decided the right of the wife to reside in shared house but it doesn't mean that she compulsorily has to reside there full time. No cause of action arises in favour of her husband or her in-laws to bring any suit against her on this ground. Security reason is a prima-facie reason to be considered and no court can overlook this point.riven
Sukhija (Expert) 24 September 2009
Hi Geetika
I agree with Raj kumar Makkad.riven
Guest (Expert) 24 September 2009
If she is not feeling secure in the house provided by virtue of court order, the appropriate course is to move the court by filing application seeking proper residential accommodation where she can feel secure.riven
Adinath@Avinash Patil (Expert) 24 September 2009
I go with Prabhakar.riven
Sachin Bhatia (Expert) 09 October 2009
It is not compulsorily for wife to reside there, if she is not feeling secure in the house she can seek proper residential accommodation from court where she can feel secure.


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