Residence order sec 19,1(d) of pwfdv act
Hajra banu
(Querist) 22 April 2015
This query is : Resolved
Hi, I have filed a case if Domestic Violence against my husband and sister in laws...i have applied Interim Maintenance, along with Section 19,(1),a,c,d, and 19(2).The court has passed an order for interim maintenance of Rs.3500pm and 19(1)d Restraining the respondents from alienating or disposing off the shared household encumbering the same......But my husband n in laws hv forcefully ousted me my 3 year old baby of the shared household ...they r not allowing me to get inside but they r trying to give the shared household for lease to others....can they do this..what legal step should i take to stop them from giving the house for lease....plz help...the shared household stands in my husbands name...it is not at all an ancestral property....but still my sister in laws want share in that.My next court hearing is in next month last week... Mean while Can i take police assistance in stopping my in laws from putting the shared household on lease....
Regards,
Tasneem
Devajyoti Barman
(Expert) 22 April 2015
File another petition u/s 23 so the court pases injunction against leasing out of the proeprty. Ask in the same petition your preference to stay in the said house.
Hajra banu
(Querist) 22 April 2015
Thnk u so much for ur reply sir..after throwing me out of the house respondent no 3 who is my sister in law is residing in my matrimonial house....under 19,1(c) i had requested court to grant me permission to stay in the shared household i had also requested the court to direct respondent No 3 my sister in law to vacate the Shared house hold.....but respondents had filed false objection that she is not staying in shared household. Thy hv also alleged that i hv left the matrimonial house as per my wish which is absolutely untrue....Court has rejected 19,1(a) and 19, 1(c) and 19(2)... but court has rejected it...so i hv filed Criminal revision petition in District Court for the above said IA'S....hearing date is in May last week...till thn what should i do in order to stop thm from leasing the house...can i take police assistance ..can i take the order copy n move into the shared household...
Hajra banu
(Querist) 22 April 2015
Author : tasneem
Posted about an hour ago
Thnk u so much for ur reply sir..after throwing me out of the house respondent no 3 who is my sister in law is residing in my matrimonial house....under 19,1(c) i had requested court to grant me permission to stay in the shared household i had also requested the court to direct respondent No 3 my sister in law to vacate the Shared house hold.....but respondents had filed false objection that she is not staying in shared household. Thy hv also alleged that i hv left the matrimonial house as per my wish which is absolutely untrue....Court has rejected 19,1(a) and 19, 1(c) and 19(2)... but court has rejected it...so i hv filed Criminal revision petition in District Court for the above said IA'S....hearing date is in May last week...till thn what should i do in order to stop thm from leasing the house...can i take police assistance ..can i take the order copy n move into the shared household...
Devajyoti Barman
(Expert) 23 April 2015
You have taken the proper recourse by way of filing the appeal.
Now you have no option but to wait for appeal and seek expeditious order from the district court.
Hajra banu
(Querist) 23 April 2015
Ok ok...thnk you so much sir.
SAINATH DEVALLA
(Expert) 23 April 2015
When they have said that Ur sis inlaw is not residing in that house which belongs to UR husband,they have no right to stop U and UR child from staying there till the cases are disposed off. As U have already appealed wait till the disposal.
Hajra banu
(Querist) 23 April 2015
Yeah thy hv told in court that my sis in law is not thr....but she is actually residing thr...when ever i go thr to ask the key she doesn't give the keys...but thy all ask me for the order copies of my stay thr....she quarrels alot n creates a big scene..she has evn hit me after filing the dva case.....i hv filed 498 ..against my husband,two of my sisters in law n their husbands.....i dn want to myself or anyone to get involved into manhandling.... I wan to go as per law.....last time i went thr with my clerics and community members n womens cell members jst to tel her thy can't lease out the property till courts order..but she again quarelled...n next day she lodged false FIR... But B report is done
