PWDVA Act

Mina (Querist) 20 July 2018 This query is : Open
I have interim court maintainence and residence order for DV case filed on 27/10/2017. I am staying on the same address which is matrimonial home with my 3 yrs old son. I have placed a iron safety door to safegaurd us due to harassment by by husband. Yesterday my father got call from police stn that he broke in house. We went to police stn informed that we already have an on going case and due to which my mom in law came up with this thing. After i went back to home, society did not allow me to enter premises and said this house doesnt belong to u anymore. It has been sold and has other person name(which is his mom and aunt). I have filed NC against scretary of society for not entering premises also. Please suggest what do i do?

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Mina (Querist) 20 July 2018
I do not have any other place to stay and my husband not even paying for maintainence

Vijay Raj Mahajan (Expert) 20 July 2018
Move the court with contempt application against all those who infringed the court order passed in your favor to remain in the house where you are prevented to enter and stay.
Also seek execution of maintenance order passed in your favor for husband to pay the same .

Guest (Expert) 20 July 2018
Interim orders under PWDVA are temporary in nature. This is not a permanent order from the magistrate court. These can be challenged and the property is not the magistrates property nor it is the daughter in laws property that you can stay there permanently. The owners can find a way out of this tricky situatoin and they ahve succeeded.

If they have sold the property to some other person then you cannot enter such property eeven if they have sold the property among themselves.

You can inform magistarte court aobut it and pay Rs. 100/= multiplied by the number of days you seek shelter, the magistrate can get you a place in women and child department shelter house for women and children who are abandondoned by husband.

That is the next solution.

Going to appeal court like above felo advcate has suggested will only ensure that yuo feed some advocate and his family for another year with no results in your fabor.

So. Best is to take divorce.

Maintenance case you ccan file executoin ptition, but if husband has no fixed income and property in his name, you will not get anything from court, your advocate wont sotp asking money from you because of this.

You take mutual divorce, the mre you forcibly try to push yourself into his parents home stating that it is matrimonial home, the more it will look like rape.

Your marriage is over, at least finish off the matter by taking mutual divorce in dignified way. Is my suggestoin.

Warna ghoda he maidan he. .. ... ...

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Mina (Querist) 21 July 2018
I was seeking for stay order and during that process it was sold. The court delayed to interim order.

P. Venu (Expert) 21 July 2018
The facts, as posted. are confusing and lacks clarity.

M V Gupta (Expert) 21 July 2018
I agree with Mr.Mahajan's opinion. You should file contempt application in the court which passed interim relief order for your residence in the house. Any sale made by your husband while the interim order is subsisting will be malafide and subject to the court order and you could not have been prevented from entering the house. you may also file application for alternate accommodation pending disposal of the application.

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