25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Right to reside

(Querist) 13 February 2015 This query is : Resolved 
Dear Experts,

Judge passed the order on injunction and asked the husband(petitioner) to stay with wife(respondent) together.Husband is the sole owner of place and not interested in taking the wife back due to various reasons.Husband is ready to offer suitable accomodation.
Can a judge force husband to stay together with wife?
Husband is ready to pay accomodation in above situation.
Please Help.
Devajyoti Barman (Expert) 13 February 2015
No judge can force the husband to stay together with wife.
Dr J C Vashista (Expert) 14 February 2015
I agree with expert advise of Mr. Devajyoti Barman. The court cannot compel the husband to stay with wife in the given circumstances. In order to honour the direction/order passed by the Court the husband should offer (in writing) for rent or rented accommodation as per his standard of living.
Dr. (Major) J C Vashista, Advocate, Consultancy Room, Lawyer's chamber Block, High court of Delhi, New Delhi-110003 Cell # +91 9891152939 email majjagdish @ yahoo.com

Paresh (Querist) 14 February 2015
Dear Experts,

Thank you for the information.The respondent wife is not willing to take the rent and insisting to stay with petitioner husband at his self earned place.
Wife is earning good salary.
Can we appeal against the inappropriate injunction order passed by the judge?
Please give some valuable tips in detail to keep respondent wife away.
Thank you once again Experts.
Please guide.
prabhakar singh (Expert) 14 February 2015
Yes you can appeal.
Rajendra K Goyal (Expert) 14 February 2015
You can go for appeal with prey to stay orders of lower court. Agree with the expert prabhakar singh ji.
ajay sethi (Expert) 14 February 2015
appeal against the impugned order
Paresh (Querist) 15 February 2015
Dear Experts,
Please note my points below scrupulously,
1)Respondent wife earning Rs.40000/- per month,holding MBA degree.
2)Staying with her father and mother since past 09 months,case filed by petitioner husband 09 months ago.She took all the articles that belonged to her.
3)Husband showed willingness to offer rent in argument in court.
4)Interim injunction of husband was not accepted and reason being rent not accepted by wife for some unknown reason.Why she is not accepting rent offered to her?
5)Wife insisting that she wants to stay with husband at matrimonial place (to harass) but husband not interested to stay with her.No kids,short marriage of 2 months.
6)Please give valuable tips.
I request you all to give point wise reply.Thank you.
Anirudh (Expert) 15 February 2015
You say the marriage was only two months old. If that be the case, how can any divorce petition (which you say was filed 9 months ago) be entertained by any Court?

Just because you filed a case for divorce does not mean that the wife will be kept out of her matrimonial home till such time divorce is granted.

Why any wife should get a rented accommodation when she has her matrimonial home? I don't think court might have asked you to stay with your wife. Rather court might have ordered you not to stop her from entering her matrimonial home.
Paresh (Querist) 15 February 2015
It is a case of fraud and evidence will be produced at the right stage.
Paresh (Querist) 15 February 2015
Mr.Anirudh,

I was trying to understand your last 2 sentences.Dont you think in that case situation will be same for me..Please let me know because i dont want to stay with her.
Devajyoti Barman (Expert) 15 February 2015
go for appeal u/s 29 of the Act.
Devajyoti Barman (Expert) 15 February 2015
go for appeal u/s 29 of the Act.
Paresh (Querist) 15 February 2015
Dear Barman Sir,

Thank you for your guidance.It would be of great help if you can comment on 6 points as mentioned above.Does it carry any weight?
Will appreciate your reply.
Thank you once again.
Guest (Expert) 15 February 2015
Mr. Paresh,

You have not answered the query of Shri Anirudh that when the marriage is of 2 months, how you claim your wife to be staying with her parents for the last 9 months after marriage?

Secondly, when your own information is contradictory, how you can expect valuable tips from experts on wrong information?
Dr J C Vashista (Expert) 17 February 2015
I agree with expert Mr. Anirudh and Mr. PS Dhingra.
Strange inputs and contradictory statements shall be useless for the experts to analyse and solve your query.
@Paresh,
Point 1 to 2 are facts as per your own version, which require to be proved.
3. What were the circumstances when you offered rent in the court? When and what was the application/point/case of argument?
4. What is the subject of the suit, where interim injunction was granted? What are the directions on which application? Vague query and incomplete information.
5. The wife is exercising her social and legal right to stay with her husband in matrimonial home, nothing wrong or illegal.
What does your advocate advise on the aforesaid queries? Prima facie you are cross-checking your advocate. Do not play smart, behave.If you have lost faith in your advocate, replace.
Guest (Expert) 17 February 2015
Clarification from Mr. Paresh is still wanting even after 2 days of the query raised by Shri Anirudh read with my own query.
T. Kalaiselvan, Advocate (Expert) 17 February 2015
I agree with the views and opinions of all experts and to be precise to that of expert Dr. Vashista which combines the opinions of all others. The author is still keeping quite about the queries raised by experts which confirms that he has not approached this place with clean thoughts.
Paresh (Querist) 17 February 2015
Dear Experts,
My query is simple.I am not here to waste your precious time and energy.I don’t know why it sounds confusing to some people and at the same time I appreciate the genuine advice given by Experts.
Husband and wife stayed together for 2 months.Wife left on her own after 2 months of staying together,later husband filed case of nullity (fraud case) which is going on since past 9 months.
Wife is insisting to stay with husband at matrimonial place but husband is refusing to stay.Husband is ready to pay rent.
Hope this time I will get positive reply and valuable tips.
Nadeem Qureshi (Expert) 19 February 2015
Dear Paresh

No need to worry, file an appeal against the order passed by the magistrate u/s 29 of Protection of Women from Domestic Violence Act-2005 before session court along with an stay application and pray to session court that till the final disposal of the appeal the execution of the trail court order should be stayed.

Apart from this, in your appeal you may mention your intention to pay the rent or rented accommodation to her as per your status.

fight the case on merit with the help of your lawyer.

Feel Free to Call
T. Kalaiselvan, Advocate (Expert) 19 February 2015
You cannot expect more spoon feeding replies than the explicit replies given by above experts, understand the replies and proceed if the advises suit you or take the advise of your lawyer and proceed.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :





Post a Suggestion for LCI Team
Post a Legal Query