Dismissal of Divorce
vadivu
(Querist) 13 September 2010
This query is : Resolved
Sir,
My husband filed a divorce petition against me during aud 2006. The decree has been passed on 4.9.10 dismissing the petition order. I didnt recieve the order.i have given application to the court. Shall i go to my matrimonial home along with my daughter. If my husband refuses what shall i do?
s.subramanian
(Expert) 13 September 2010
You can definitely go there. If you are prevented you can make a complaint under the Domestic violence Act and enforce your right for shared household in that house.
M/s. Y-not legal services
(Expert) 13 September 2010
Sure.. You can go with your daughter to your matrimonial home.. No one can stop you.. Unless the court dissolved your marriage mean you are the legal wife of your husband whether you living together or not..
Kiran Kumar
(Expert) 13 September 2010
since the petition stands dismissed, you and your daughter have got every right to join the matrimonial home.
if your husband restrains you then act as advised by Mr. Subramanian.
Devajyoti Barman
(Expert) 13 September 2010
The dismissal of the divorce suit alone does not give any better right to enter the matrimonial home. You had that right prior to dismissal anyway. If he however restrains then you could file several cases including 498A IPC. DV Act cases, maintenance u/s125 crpc for the child and you if you are incapable of earning etc.
Adv ramesh chheda
(Expert) 14 September 2010
u dnt have right to enter into matrimonial home if the said house is of u r inlaws. u can enter into house only if said house is of u r husband and in case of u r inlaws then they should have been died . in such a case it becomes joint property in the hands of u r husband and u can claim right on it . if is these circumstance u r husband tries to obstruct u then simply apply fresh petition in family court for seeking injuction order against u r husband, as til today no such right has been established or u have not exercised such rights . if u have any more querry u may call me on 9870112826. thnx
