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shivani (housewife)     24 December 2022

Accomodation by husband

I was living in matrimonial house ,father in-law filed for a possession case & recently his application under order 12 rule 6 got allowed in his favour. I have been evicted from my matrimonial house. While on the other hand final order was passed under my dvact case much earlier before my eviction where the judge said that if ever i choose to stay on rent then my husband will be liable to pay for my rent . Now my husband and father in-law had attached this entire final dvact order under the possession case where they have mentioned clearly  on oath "that both of them accept this para of my dvact final order vch says that father in-law shud get the possession from me since husband is liable to pay for my rent accomodation under section 19 of dvact'.. i have been staying on rent since few days.my query is can the husband stepback now from the oath given by him wherein he mentioned clearly that he wants to pay for my rent accomodation ? Can he stop paying for my rent ? Or this statement by him on oath will protect my right to accomodation on rent ?



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 2 Replies

VINOD SHROFF   25 December 2022

I was living in matrimonial house. 

YOU SHOULD HAVE RECEIVED RESIDENCE ORDER UNDER D.V. ACT, so that you cannot be evicted. from your  matrimonial house. . Husband is liable to  pay you for your rental  accomodation under DV Act. . i have been staying on rent since few days.my query is

[1] can the husband stepback now from the oath given by him wherein he mentioned clearly that he wants to pay for my rent accomodation ? Can he stop paying for my rent [2] Or this statement by him on oath will protect my right to accomodation on rent ?

Ans [1] You need court order from DV Court to pay your rent. If he fails, Execute that Order 

Ans [2]  His statement on oath will help you obtaining your Court Order under your DV case. 

Read more at: https://www.lawyersclubindia.com/forum/accomodation-by-husband-227455.asp

1 Like

shivani (housewife)     25 December 2022

Thank you sir for your guidance. Please see your message box


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