498a right of wife to reside at inlaws house

NA

Dear All:

I am currently facing 498a and DP 4. Other names that are mentioned are my mothers(A2), father (A3) and brothers(A4). Chargesheet has been filed.

I have filed for quash in the HC (for A2, A3 and A4 only) and should be coming up for hearing very soon. The only allegation against A2, A3 and A4 are that wife was necked out of the house.Details:

 

1. Wife voluntarily leaves the husband's house in US and returns to India. (As claimed in the Chargesheet)

2. Wife claims that the inlaws necked her out of their house (As claimed in the chargesheet)

3. Incident  happened when husband was still living in US

 

My question is, during the quash, the wife might claim physical torture because she tried to live with the inlaws after she voluntarily left US where the husband was still residing while entire drama claimed to have happened.

I am trying to get a judgement HC or SC, where it states that the wife does not have a right to claim residency with the inlaws, when she has voluntarily deserted her husband. Also that the matrimonial house of the wife is where the husband resides and not where the inlaws reside.Is there such a judgement? If yes, can you please quote it here please.

 
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she has right to live with you only not inlaws or any other your relative. do not worry you dont required any judgement, it is very logical.

 
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Advocate

THE ALLEGATION U/S 498A IPC IS A CRIMINAL ACT FOR HARASSMENT AND CRUELTY .  HOW THE VICTIM CAN STAY WITH SUCH A CRIMINAL UNDER THE SAME ROOF? SHE MAY RESIDE SOME WHERE ELSE AT THE COST AND EXPENSES OF HER HUSBAND..

 
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NA

@ Biswanth Roy: Sir, the says she filed the 498a complaint because she was necked out of the inlaws place. Husband was not living with his parents when she filed the complaint. She will probably claim she filed the 498a because she was necked out the inlawys house in India where as the husband was still living in US at that time.

 

Is that valid ground for cruelty? 

 
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Advocate

It appears from the statement of facts narrated above the incident as complained of by your wife does not come under the purview of sec..498A IPC  in as much as the allegation does not fulfill the requirements of  clause (a) and clause (b) related to. THIS PROVISION OF LAW IS NOT APPLICABLE TO ALL TYPES OF HARASSMENT AND CRUELTY   Therefore, the application filed by your wife is liable to be dismissed with cost..

 
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Dy Director

taking shelter of law is not a crime and no disability is cast upon the complainant.  She has a right of force entry into the house where she last resided with husband. 

 
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She has right to stay with her husband only. if husband is agreeing she has to stay with her only.

 
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Advocate

1. Sec.498A ipc is not the provision to determine the question of right to residency. It is only for cruelty and harassment.

2.. Wife can legally claim to reside with the husband but not at the residence of father-in-law and mother in law by force or other wise.

 
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Dy Director

I reprpdocie spome part of PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 20051

 

Section 2(c)

 (s) “shared household” means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.

 

17. Right to reside in a shared household.—

(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.

 (2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.

 
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Advocate

1. Firstly husband the Respondent no. 1 living separately from his parents and resides at US permanently where wife complainant was also residing but suddenly left husband's residence voluntarily with the intent of residing with in-laws in India without any sanction and/or permission of her husband. More particularly against whom the complainant wife has allegation of Domestic Violence, Harassment and cruelty etc. If the facts are true and can be evidenced in that event I DIFFER THAT THE COMPLAINANT WIFE IS ELIGIBLE TO GET BENEFIT  OF SEC.2(c) and 17 (2) OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,2005 (vide Preambles of the Act and intention of Legislature).

 
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