Dv/stay in shared household.
Guest
(Querist) 28 November 2011
This query is : Resolved
Its repeated question only. But i have not got the solution. Plz suggest me.
Husband has applied for Null&Void. Grounds - Compelled marriage. He cheated me and used me as a weapon for money and did unlawful mariage during college days. So i complaint in police station for marriage.
I have applied for RCR. Its <1 year of marriag. We have no child.
Out matimonial home is rental house where i paid the advance. Now he vacated the home with his things. I am staying alone which i am not able to tolerate. Getting mental depession.
I have given complaint in police station for dowry, mental & physical harrasment. Its pending there.
Husband is staying now with his friends home. In-Laws are in souther part village.
1. Since the criminal case/DV is pending in police station, my lawyer said we cannot file DV act in court. Is it?
2. Is t possible for me to go and stay in his home or in-laws home? My lawyer said that since police complaint s pending, I may be trapped under trespassing. is it? (i am getting fed up of staying alone, cannot go to my parents home as its love marriage we are not in contact)
Devajyoti Barman
(Expert) 28 November 2011
1. No, surely you can.
2. If your husband has got share in the said house then only you can get an order for accommodation in shared household.
Immediately file a complaint u/s 12 of the DV Act before the Magistrate and pray for interim orders like interim maintenance, order of accommodation etc.
The court may even pass such interim orders ex parte.
Guest
(Querist) 28 November 2011
No. he dont have any house in his name. its in my fatherin-ln name. So now where can i stay?
FIle before the magistrate means where? in court or i should go to magistrate office?
Raj Kumar Makkad
(Expert) 28 November 2011
The guidance of your lawyer seems wrong on the face of it as you have got every right to file DV case against your husband and there is no law to trap you if your dowry and harassment matter is still pending with the police authorities. As the house is in the name of your father in law so you have no right to have share household therein but definitely you are entitled for the grant of regular monthly rent for the house at par with the status of your husband. It shall not exonerate your husband from his legal liability to maintain you under the garb of his petition seeking declaration of marriage as null and void. You can also claim under section 24, the maintenance for you in the ongoing petition filed by your husband.
Devajyoti Barman
(Expert) 28 November 2011
The you have to apply for alternate accommodation.
The Magistrate means the court where such DV cases are filed.
M/s. Y-not legal services
(Expert) 28 November 2011
am agree with barman and makkad sir..
and try to contact your parents, dont hesitate to do that..
i thing now nothing more to loose from your side..
M/s. Y-not legal services
(Expert) 28 November 2011
i cant understand that why this youngsters taking decision against parents?
you are liberty to select your life partners. same time dont oppose your parents.
am not against love marriage.. if you select your life partner mean same time you have to convince your parents., if you dont have that dare mean just dont love..
Shonee Kapoor
(Expert) 29 November 2011
You need a better lawyer.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Querist) 29 November 2011
Thanks all.
is it possible to get the marriage expenses of 20 Laks which was done by my parents?
