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estranged wife (Housewife)     14 July 2017

Can wife claim for residence u/s 23 a of hma in familycourt

1- Husband has filed for divorce in Family Court Jaipur.

2-I have filed DV u/s 12 in my home city seeking residence right in the matrimonial home from where my husband has driven me and my child out.But even after passage of one year and 7 months no order has been made in DV case.I have given application u/s 23 of DV act for interim relief 7 months back but due to delay tactics of my husbands lawyer DV case no progress is being made.

3-Can i seek residential right in Family Court Jaipur under section 23 A of HMA ?

4-Can i seek residential right in Family Court Jaipur under section 26 of PWADV Act?



 6 Replies

Raveena Kataria (Advocate )     14 July 2017

Neither. In my opinion, the best option for you would be to file DV u/s 17 of the act. Please refer by clicking here.

Living at the marital house would be your uncontested right (even after divorce for a period of time.) In fact, it would be your husband who would need to obtain a court order if he wants to legally excercise full occupancy of the house.

1 Like

Advocate Bhartesh goyal (advocate)     15 July 2017

No,Family Court has no jurisdiction to pass such order .you can claim right of residence u/s 17 & 19 of pwdvact.
1 Like

Ms. Usha Hegde (CEO)     15 July 2017

Your case unfit for DV case.

estranged wife (Housewife)     15 July 2017

Advocate Bhartesh Goyal ji a very senior Family Court Lawyer of my home city has told me i can...so now I am confused..anyway I will file and see the view of Court...


veedu (-)     21 May 2018

please dont listen to Ms Usha Hegde. You dont even require a court order to stay in your matrimonial home. I have faced all these trouble and now I know what to do. You can just enter and start staying in your matrimonial home without any court order and if they threaten to throw you out you can file for protection order to not to disturb your possession. Dont worry about your dv case pending. Ask your lawyer to file a petition in high court to expeditae trial as all dv cases should be completed within a statutory time limit of 60 days. if it is running for 7 years then we all know who is the culprit here. please go to your matrimonial home and start residing there, instead of waitng for court order. approach protection officer and police commissioner and district collector in your area and give them a petition and get acknowledgement. it is your absolute right to stay in your matrimonial home and no one can deny it.

veedu (-)     21 May 2018

I  dont understand why courts do this when there is a minor child involved. I  dont know what is wrong with Indian judiciary when it comes to sensitive cases live dv which has a statutory time limit and is dragging for years. may be there is under representation frm women community in fighting for their rights. when supreme court diluted sc/st act , whole nation protested but women are not protesting when SC is denying women their rights. Women should be socially activee and not be selfish. if they unite and protest then none of these nonsense will ever happen.

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