Please guide:urgent

respected querist,

you have full rights of living in the matrimonial house ,no condition is bound for you even you have some litigation of domestic voilence ,dowry and any agaisnt your matrimonial family still you have right to live in the matrimonial home and if you feel some risk in living there you can even get police protection,feel free to call if you had left an query.

god wishes,

anish thakur

9459321520

In my view, if hubby n his parents have thrown u out from that house, and divorce petition is pending b/w u, NO POINT ASKING FOR RESIDENTIAL RIGHTS IN THAT HOUSE. If u feel domestic voilence is there, then there is danger to ur life n limb there, why not ask for alternative accomodation instead?

Grant of reliefs u/s 23 of DV act are subject to many facts, just read the bare act, its a small booklet, easy to download. Then see whatever applies to ur case.

Reiefs will be granted after contesting the case on merits, dear!

@ aneesh sir: thanks for responding....my dv act case is running since 1 year......hearing is in december end..... so i was thinking what if before that i enter my matrimonial home with the help of police ???? matrimonial home mein enter karne ke liye court orders ki zarurat hoti hai ?? ya main without court orders wahan jaa sakti hun ?? also agar mujhe wahan jaake pata chaley ki mere pati wahan ab nahi rehte toh kya tab bhi main wahan reh sakti hun ?? please tell.....thank you

Yes under Sec 23 court may pass interim order for residence in matrimonial home, with direction to protection officer & police, for the compliance of order. And in final judgment it may pass residential order under Sec 19

dear querist,

first of all i want to tell you that the day you entered first step in your matrimonial home ,you inherit the right to stay their, you can enter in matrimonial house by the help of police or throught the sun divisional magistrate (sdm) mere filing a application and in the mean time you should file application fot this in the ld juridictional court(jmic) for residential right and protection while leaving their if you are suffering from domestic voilence or dowry threat.You dnt have to wait for the court orders,as if you have filked the application before the sdm ,its now as per latest SC jujgemnt its also a duty of administration to provide nad safe gaurd the rights of woman during the pendency of suit/application before the court.so you can enter in your matrimonial house any time no matter your husband is residing their or not at present ,condition is that you be living their after marriage with your matrimonila family or husband.feel free to call for any help and doubt you had and be metally strong and prepare to get your rights and fight a war against the evil,set exaple for other weak ladies who are suffering from this evil crime,raise voice and raise it high.

with best wishes,

anish thakur,

9459321520.

@ anish sir: thanks a lot for the information..... can you please tell whats the process of filing an application to sdm ???? also police se kaise help li jaa sakti hai ???? iske liye police station jaana hoga ?? uske baad police kya steps legi so that main apney matrimonial home mein enter sakun safely ??

dear querist,

simply take a plane paper and address it to sdm of the concerned area and write subject and after that stae the whole story and problem and oray him to safegaurd your rights to stay their and ask him to order the police to help you to enter in matrimonial house,keep few copies of application to yourself and give original one to sdm by hand or send it via registred post and send a copy of it to sp of concerned district.give your full contact details in the application and also of matrimonial house ,i advise you to take help of lawyer to draft the application in proper way and subject.

best wishes

anish thakur

@ anish sir: ok.....thanks a lot for the information....am greatful to you....