Dv & divorce

Querist : Anonymous (Querist) 30 September 2011 This query is : Resolved
DV & Divorce going hand in hand.

DV : appealing to Magistrate for residential order

OP: Judge is almost done for issuing divorce vide cruelty through police,courts(3 sequential 498a cases against husb)

Now the question when family court about to issue divorce, In case of Magistrate at lower court issues residential order,
What further action husband required to make would-be divorcee to stay seperately?

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ajay sethi (Expert) 30 September 2011
under Dv act wife is entitled to right of residence in shared household . as husband you have to comply with court orders . if you dont want her to stay in your flat you have to provide her alternative accomodation .

Shastri J.K. (Expert) 30 September 2011
I agree with mr.ajay sethi.

M.Sheik Mohammed Ali (Expert) 30 September 2011
i do agree expert query reply

prabhakar singh (Expert) 30 September 2011
Well Mr. Sethi !
your kind attention ,please,speak if shared household right would also belong to a divorced wife ?

Shonee Kapoor (Expert) 30 September 2011
As long as divorce is not issued or even after the same, in DV the MM can issue right of residence.

However, the trick is to delay the same and work fast on divorce, and then show DV as counterblast and malafide.

The result of 498-a on same ground would also be crucial in deciding such orders

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Chanchal Nag Chowdhury (Expert) 02 October 2011
Don't worry. Article 227 of the Constitution of India has given enough powers to the HC to do justice in such cases.

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