Domestic violence act

Querist : Anonymous (Querist) 18 October 2020 This query is : Resolved
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.

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A man separated from his wife since 2016, who has been paying maintenance following a 2018 judgement, is concerned about a recent amendment to the Domestic Violence Act. He fears his wife may seek to return to his father's house, despite ongoing cases and his reluctance due to potential false accusations. Advice suggests consulting his lawyer, as the chances of her return seem unlikely given the maintenance payments, but he should actively pursue the DV case. The father may have grounds to resist if the wife petitions to return, especially if the couple never lived together in that specific house.

Dr J C Vashista (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 Gabriel (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 (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 (Expert) 19 October 2020
Court has not ordered as mentioned in your case.

If any such order issued, your father must oppose.

Advocate Bhartesh goyal (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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