Domestic violence

shital (Querist) 04 January 2013 This query is : Resolved
After maintainance case can my husband file case of diverse against him. I dont want to give him diverse . I file maintainance case aginst him. which case i file to live with him. I have house in which i live but he live in another house from last 2years. Can i go to his new house . I have 7years son. He not file any case against me . What is my rights as a wife according to law as he live separated from me but i want to live together.

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Ajay Bansal (Expert) 04 January 2013
You can file a petition u/s 9 of H.M. act against your husband in Family Court. Beside this you can file a complaint against him under sec.12 of P.W.D.V. Act in which you can pray the Court for a residential-order, in the residence of your husband.

Devajyoti Barman (Expert) 04 January 2013
Under PWDV Act, you can ask for residence reliefs either in his residence or in any alternative residence for which he would be directed to provide separate maintenance.

ajay sethi (Expert) 04 January 2013
make application under DV act for right to stay in shared household

Raj Kumar Makkad (Expert) 04 January 2013
Right to reside in shared household do not contain the right to live in the same house. The husband can provide even the rented house which shall not serve your purpose as you have narrated in the facts of the query. it shall be better to file petition under section 9 of HMA,

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