Priya (HR) 19 April 2012

Complain against wife

My cousin's husband has filed a complain agianst her in some Counselling Centre running under Office of Commissioner of Police alleging number of baseless allegations to save him and his family from taking any legal action agianst their brutal acts from last 3 years. He is escaping himself and his family members to not to enter into the house where earlier he was residing with my cousin.

We are apprehended that they want to initiate legal action against her since they want to throw her out from ther house from last 2.5 years

Pls help that what type of action she can take now

Regards

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7 Replies

Adv. Chandrasekhar (Advocate) 19 April 2012

If she is in possession of property, she need not to take any action. If she apprehends of forceful eviction, then she has got the remedy in domestic violence Act for shared household ( a part of property will be provided to her) and Hindu Adoption and Maintenance Act.

Priya (HR) 19 April 2012

Thanks a lot for your response, she is not having any property in her possession infact they are residing in a rented house and her husband has mentioned in his complain that she is asking for his half of the property,

now since he is not coming to house also can she take any action against her under any act

Regards

sanjeev pawar (service) 19 April 2012

when did the marriage take place? how long has it been? and what are exact allegations the huband has levelled and what is the exact response the wife has given? what has the police to say? what was the outcome of the counselling?...................your query is incomplete.........

Adv. Chandrasekhar (Advocate) 19 April 2012

If she is living in rented property then who is paying rent? If she is paying and her husband is staying with his parents,then she can ask for residential rights by filing domestic violence case against him. He cannot file any case except divorce case against her. If he files so and if she does not want to give divorce, then she can contest the same.

Adv. Chandrasekhar (Advocate) 19 April 2012

"residential rights" referred in 2nd line of my above reply pertains to residential rights in matrimonnial house, where her husband is living at present.

rajiv_lodha (zz) 19 April 2012

I differ a bit Domestic Violence act gives the wife RESIDENTIAL RIGHTS in SHARED HOUSEHOLD n NOT IN MATRIMONIAL HOUSE. In many cases couple has never resided in parental house after marriage & parents house is A SELF ACQUIRED ONE!

So complete details from queriest are required to provide remedy! Are u earning lady/Govt job!

Meanwhile, do u want to save marriage or else!

Priya (HR) 20 April 2012

Thanks to all for response, she is working in private sector and uptill last month rent was paying by her husband, since now he is not coming to home he can deny to make payment also. he is not having any ancestral property or any other property in his name also. she wants to continue this relationship but afraid now her husband doesnt want it anymore