BJM_BJM_BJM (Service ) 05 September 2011

Shared household?

Learned Sirs /Madams ,

The forum has been guiding me with the valuable advices .I request you all to advice me as my case is becoming complicated:

@ My husband(army officer) and me lived in the house provided by army authorities on rent at Ludhiana in the year 2007 where i was thrown out in Sept 2007. I came back to dehradun to my parents. He got transfered to Hyderabad and then to Meerut meanwhile.I kept trying to go back home but I was denied residence there .

@ In Feb 2009 I applied for Residential orders under DV act . In jun 2009 my husband produced expartie divorce decree from vishakapatnam family court who had no jurisdiction over the issue and I was shocked . Meanwhile DV court at dehradun was confused to give me Residential orders and finally giving me interim orders to residential stay with my husband at Meerut cantt house injuly 2010.I went there and stayed there for 3 days .Meanwhile judge got changed and my husband too got posting at Ambala. I literally fought the expartie divorce and it got set aside in 2010.

@ Now even after winning the cancellation of divorce DV court denied me the residential orders as it said that Ambala army house is not mine shared household .

I donot know ---which is my home .? Please tell me that why my husband's house is not my home . All my belongings and stridan is in the house ....my kitchen ...my mandir ....tell me why it is not my house ????????

pls guide ....can i file any writ

or only appeal ---it will agin take my few years .....i feel harrsed at the hands of law ...

Pls guide legally

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7 Replies

Sanjeev (Lawyer) 05 September 2011

Sharehousehold mean the place where husband and wife last resided together in a domestic relationship. This would mean the Ludhiana rented house where you lived together. Technically as that house was rented one and he dont have that house now so that also dont fall under the defination. There is no way you can get the orders to stay where he is currently staying.

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BJM_BJM_BJM (Service ) 05 September 2011

SIr but now he has rented Army house at Ambala....and he shifted to Ambala from ludhiana

Sanjeev (Lawyer) 05 September 2011

@ Bharti- there is no point asking for sharedhousehold he will again take transfer and you will again run for shared household order to the next accomodation. when the marriage didnt work orders from court wont help and you will keep on running for such orders from one court to other than HC wasting your time and money.

when the relations become strained and divorce is pending what you will gain from such orders. I would not like to go in the details but feel these orders would not be beneficial.

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Adv. Chandrasekhar (Advocate) 05 September 2011

Dr. Bharti,

Your understanding about shared household is correct. Section 2(s) of the DV Act can be interpreted to your benefit. The house at Ambala at present will be your shared household and if your husband transfers to some other place and gets staff quarter that will become your household. Keeping in view of the object for which the Act is passed and reading the phrase in section 2 (s) ".....or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest" properly, you have got a right to live in Ambala at present and any other place where he gets transfer and gets quarter.

Engage a good advocate, who can understand and interpret the law to your benefit.

You have to file an appeal in the sessions court and appeal in DV case does not take so much time and you will get quick relief. Do not file writ petition.

wish you best of luck.

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BJM_BJM_BJM (Service ) 06 September 2011

Thank u so much Chandu Sir ....

Learned members pls give me some citations to help me in the case

regards

Bharti