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.