Dv act

SIDDHARTHA PUNASH CHARAN (Querist) 12 August 2014 This query is : Resolved
sir
my question is there was an petition filed by the complainant under sec 17 of the dv act

in this thje respondent dosent have the property nor the own land he use to stay in his relation house fromseveral years and they are paying formal rents

my question is that weather the petitioner has an right of shared house hold u/sec 17 of dv act inthe above circumstances please send me judgement

i had seen the case batra vs batra judgement pls give sugestions so that i can help my respondent

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Devajyoti Barman (Expert) 12 August 2014
No, wife has no right of residence in shared household if the same does not belong to the husband or it belongs to someone else.

Batra vs Batra decision squarely applies in your case.

Arvind Singh Chauhan (Expert) 12 August 2014
Agree with Barman Sir.

ajay sethi (Expert) 12 August 2014
wife has right to stay in matrimonial home if it is owned by husband or he has share in said property . in your case since it is rented place wife can demand alternative accommodation

malipeddi jaggarao (Expert) 12 August 2014
Agreed with all experts.

Rajendra K Goyal (Expert) 12 August 2014
Agree with the experts.

Nadeem Qureshi (Expert) 12 August 2014
If husband is residing there then the wife may claim the sharehouse hold otherwise not.
the landlord has right to evict the wife or husband or both of them as per law.

Dr J C Vashista (Expert) 13 August 2014
The wife has a claim in the matrimonial house i.e., whereever her husband reside.

T. Kalaiselvan, Advocate (Expert) 16 August 2014
The place where the husband resides is considered to be matrimonial home, so she can claim right to residence in that house.

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