Can i shift in my husband's flat
aisha
(Querist) 10 September 2012
This query is : Resolved
My husband deserted me 6 yrs back.He has performed 2nd marriage without divorcing me. Litigations are pending between us. I have filed maintenance , domestic violence , bigamy ,specific performance for possesion and registeration of a flat in my name etc. I am living in rental house. My husband has shifted to above mentioned flat with other women . This flat is in my husband's name but he has signed agreement to sell with me in 2005 . i have paid the full consideration amount. Now this case is pending since las 6 yrs in distt court bcaz my husband is just dragging it unneccceraily.
I dont have any place to live and maintenace case is pending since last 6 years . i am only getting interim maint. rs. 5000 only
Now my question is
1. As i am still legally weded wife , can i shift in my husband's flat forcefully and start living with him or he may leave that flat ( flat is infact mine but he had taken possesion illegaly back from me in 2006).
2. What legal action an take against me once i enter the flaat and refuse to leave it.
Anish Thakur 7018812737
(Expert) 10 September 2012
respected querist,
you can forcefully with the protection of police can enter into your matrimonial house or the house where you had resided with your husband before, file a application for providing protection to enter in the house through court.this was the fastest remedy for you to enter in that flat.
in second circumstance you can also file the suit for possession of that flat as you have given him the full consideration amount of that flat as per the sale agreement.you can make this case solve on priority base as you are suffering through various matrimonial disputes and you have no own house left for living.feel free to call on 9459321520 if you have left any query in your mind.
Sudhir Kumar, Advocate
(Expert) 10 September 2012
You rquery
1. As i am still legally weded wife , can i shift in my husband's flat forcefully and start living with him or he may leave that flat ( flat is infact mine but he had taken possesion illegaly back from me in 2006).
Ans : You can enter.
2. What legal action an take against me once i enter the flaat and refuse to leave it.
Ans : None
ajay sethi
(Expert) 10 September 2012
under provisons of domestic violence act you have right to stay in matrimonal home .
since this was flat wherein you last resided with your husband in DV case you must have claimed necessary reliefs .
what orders were passed by the court ? what interim/final reliefs were granted by court .
your dv case must have been decided by now .
