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sandhya (***********)     25 October 2012

Can wife lives at husband's house without any residential ?

I had to file 498 a because of constant hareesment of my husband & inlaws.....

Now i m living at my parents home , which is to far from my job place ..So its become expensive for traveling & rent for the room is also not affordable at near by my job place ....

My matrimoneal home which is on my father in law's name is just 10 minutes far from my job place....Can i live at my Matrimoneal home with police protection without any court case for residentiol order ? or do i must need residential order to live there ?

I know i can get reliefs under DV cases ( Rent , Maintenance, ROR) but these all are matter of about 2-3 years & not affordable for me ..& Its not easy for me to leave & forget about  my husband just because of constant  harresments as most people advises " Just forget all & move ahead") Its just easy for say not for act...



Learning

 13 Replies

Praveen Kumar (Intern Lawyer)     25 October 2012

You can live in in the house purchased by your husband but you cannot claim to live in the property of your in-laws. May be your in-laws will disowned your husband from the property. Better is dont get fight. If there is a chance then reconsile otherwise take a house on the rent nearby your job and fight the case. Court may be pass the order in your favour to get the rent from your husband but all depends on the earning of your husband.

UDAYAGIRI MALLIKHARJUNA RAO (ADVOCATE)     25 October 2012

My dear friend ,

                          i want to give one suggestion to you. it is possible to live in your husbands home. The police deportment give you a moral suport and when you face any problem then immidiatly responds. But if you had any threaten with your husband donot try this. 

rajiv_lodha (zz)     25 October 2012

Parents have right to deny son +DIL any residence in their self acquired property. So better live with inlaws/husband only if they give the consent. O'wise life is a hell ahead

sandhya (***********)     26 October 2012

I read in DV Book that Woman can secure her right of Residence in her matrimoneal home as well as shared house hold....

 

So. I m entitled to live in my matrimoneal home with my husband...They cant through only daughter in law , they will have to disown my husband also to get me out of house ....There is not any threat from my husband but only from my FIL to my husband " Do what i want other wise i'll disown you "....Can i enter forcefully ? What will they do if i just enter in my matrimoneal home ? Will they call police ? & whom will help police , me or my FIL ?

Praveen Kumar (Intern Lawyer)     26 October 2012

Your father-in-law would have to keep you in that matrimonial house until unless he disowned you and your husband. Police may take your favour but if your father-in-law will show that you have filed some case against them, now the police would asked you about the decision of court and would not be able to help you until you have the court order in your favour.

So don't take any such kind of steps which bring bitterness in your relationship.

Adv. Chandrasekhar (Advocate)     26 October 2012

@Sandhyaji,

I am very happy that you have gone through DV Act.  The law is clear that as long as divorce decree or judicial separation order is not there, a married woman has inherent right to live in matrimonial home.  For further clarification of some other enquirers, I make it clear that a wife who filed section 498-A case or DV case is not barred to live in matrimonial home.  But the real difficulty arises that when estrangement is there, it will be difficult for a woman to stay in matrimonial home in hostile atmosphere.  If one or two sympathetic ears and hearts are there in matrimonial home, then a woman's life is not much miserable.  So as per law, there is no bar for you to stay in matrimonial home. 

But I suggest you that do not venture.  If your hesitation towards DV Act is only that takes two to three years, then you are wrong.  You can file for residential orders as well as protection orders and in the case, you file interim application seeking the residential order and just after notice is issued, you will get the relief.  It will not take more than 3 months.  If you are in  dire need of residential order and if you convince the judge, even ex-party orders also can be issued granting the relief.  So it is better to get interim relief under DV Act (if filing DV Act will not further hamper the matrimonial relationshp between you and your husband) and move to matrimonial home. 

Adv. Chandrasekhar (Advocate)     26 October 2012

@Sandhyaji,

I am very happy that you have gone through DV Act.  The law is clear that as long as divorce decree or judicial separation order is not there, a married woman has inherent right to live in matrimonial home.  For further clarification of some other enquirers, I make it clear that a wife who filed section 498-A case or DV case is not barred to live in matrimonial home.  But the real difficulty arises that when estrangement is there, it will be difficult for a woman to stay in matrimonial home in hostile atmosphere.  If one or two sympathetic ears and hearts are there in matrimonial home, then a woman's life is not much miserable.  So as per law, there is no bar for you to stay in matrimonial home. 

But I suggest you that do not venture.  If your hesitation towards DV Act is only that takes two to three years, then you are wrong.  You can file for residential orders as well as protection orders and in the case, you file interim application seeking the residential order and just after notice is issued, you will get the relief.  It will not take more than 3 months.  If you are in  dire need of residential order and if you convince the judge, even ex-party orders also can be issued granting the relief.  So it is better to get interim relief under DV Act (if filing DV Act will not further hamper the matrimonial relationshp between you and your husband) and move to matrimonial home. 

stanley (Freedom)     26 October 2012

Originally posted by : Adv. Chandu 09868332610


@Sandhyaji,

I am very happy that you have gone through DV Act.  The law is clear that as long as divorce decree or judicial separation order is not there, a married woman has inherent right to live in matrimonial home.  For further clarification of some other enquirers, I make it clear that a wife who filed section 498-A case or DV case is not barred to live in matrimonial home. 

I agree 

But the real difficulty arises that when estrangement is there, it will be difficult for a woman to stay in matrimonial home in hostile atmosphere. 

But wasnt the DV act enacted for hostile atmosphere .Like restraining order and as per section 31 of the act a breach for the same would result in you know exactly 

If one or two sympathetic ears and hearts are there in matrimonial home, then a woman's life is not much miserable. 

I dream of a fairy tale here 

So as per law, there is no bar for you to stay in matrimonial home. But i suggest you that do not venture .

Agreed in the absence of any order also she can very well stay in the matrimonial house .Can you state the reason why should she not venture :( 


If your hesitation towards DV Act is only that takes two to three years, then you are wrong.  You can file for residential orders as well as protection orders and in the case, you file interim application seeking the residential order and just after notice is issued, you will get the relief.  It will not take more than 3 months.  If you are in  dire need of residential order and if you convince the judge, even ex-party orders also can be issued granting the relief.  So it is better to get interim relief under DV Act (if filing DV Act will not further hamper the matrimonial relationshp between you and your husband) and move to matrimonial home. 

Once DV is filed the reationship is hampered 

 

@ sandhya as you already filed 498 a its is but natural that your husband and inlaws must have got arrested . Now at this stage you say you cant live without your husband . Do you feel after all this the relationship is going to work out !!

Please dont dream of rent and maintanence since it is not to enhance your standard of living and as you are a working women you wont be getting it .See reality .:/

Ranee....... (NA)     26 October 2012

There are some NGO appoinetd to carry on dv cases .You can get that facility through NGO asking rented accomodation.

stanley (Freedom)     26 October 2012

Originally posted by : Ranee.......

There are some NGO appoinetd to carry on dv cases .You can get that facility through NGO asking rented accomodation.

OYE OYE Ranee NGO to try out DV case what ?? My head is spinning from when has the government of india appointed NGO's rather than magistrate to try out DV cases .

As regards to shelter its okay NGO's can do the job .

Ranee....... (NA)     26 October 2012

Hmmm...NGO's help DV victims with free legal help..i meant that..:)

Ranee....... (NA)     26 October 2012

Please dont dream of rent and maintanence since it is not to enhance your standard of living and as you are a working women you wont be getting it .See reality .

 

is it?;)

sandhya (***********)     26 October 2012

@ sandhya as you already filed 498 a its is but natural that your husband and inlaws must have got arrested . Now at this stage you say you cant live without your husband . Do you feel after all this the relationship is going to work out !!

Please dont dream of rent and maintanence since it is not to enhance your standard of living and as you are a working women you wont be getting it .See reality .

 

as per ur answer, Earning woman should not need to marry ...& if she want to marry than she dont need to live in her matrimoneal home or at his husbands home for doing house hold chores or spending money on his parents &  home ...As earning woman has not any rights , she should also avoid all the responsibilities ....

Earning capecity of woman doesnt gave a right to any laws or her husbands family to through her under the big sky. just by thinking she is earning so  we dont have to  care she will care for her self just through her ....


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