498-A/406 IPC

raahat (Querist) 11 April 2011 This query is : Resolved
RESPECTED EXPERTS,

IF THE CASE DECIDED AND THE LADY DID NOT ACCEPT THE DIVORCE. CAN A WIFE FILES DOMESTIC VIOLENCE CASE AFTER THE 498-A/406 AND 125 CRPC.

CAN A WIFE DEMAND A HOUSE FOR HER RESIDENCE UNDER DV ACT ?

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M.Sheik Mohammed Ali (Expert) 11 April 2011
yes, she can ask a house for her residence with you even any part, you could not through out from the matrimonial home.

Arvind Singh Chauhan (Expert) 11 April 2011
I do agree with Ali Sir.

Devajyoti Barman (Expert) 11 April 2011
Yes he can apply for the both the reliefs. However the right of residence in the household does not apply if the house does not belong to the husband.

Sarvesh Kumar Sharma Advocate (Expert) 12 April 2011
agree with mr.sheik mohammed ali's view!

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