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Sumesh Nair (Deputy Manager Plant & Machinery)     10 November 2012

Misuse of domestic violence act

 

I and my wife have been living together since my marriage in 2004 at my various work locations viz. Bangalore, Dharwar, Nedumangad & Hyderabad. We had very strained relationship through the period and as a result and over the request of my wife’s brother I left her at her home in Trivandrum thinking that the separation would do good to improve her attitude towards me. When I saw this was not working I filed for Divorce and for the custody of my child.

Today she brought an order from the court which asked my father to let her live in his house which is in Trivandrum.

My point  is that since I don’t have ownership in my father’s house as my father and my sister are the owners of that house, does my wife have rights to stay in that house? Please advise.



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 22 Replies

Ranee....... (NA)     10 November 2012

You have to prove that in the court that the house belongs to your father and sister.There is a SC judgement where it was decided that daughter in law can not claim residence right on In laws property.But you have to give your wife an alternative accomodation i.e rented accomodation.Consult a local advocate.

1 Like

Sumesh Nair (Deputy Manager Plant & Machinery)     10 November 2012

Can I have either a reference , link or a copy of that pirticular SC judgement sir.

ADV S PATHAK (lawyer)     10 November 2012

sir you also can not live there. if you reside in your father's house then the order is ok

Sumesh Nair (Deputy Manager Plant & Machinery)     10 November 2012

I work and live in Hyderabad and my father's residence is in Trivandrum.

ADV S PATHAK (lawyer)     10 November 2012

has she got these orders ex-parte

ADV S PATHAK (lawyer)     10 November 2012

for your use look search for judgement on sharedhousehold  

S R BATRA V TARUN BATRA 2007(1) CIV.C.C. 351= 2007(3) S.C.C. 169= 2007 A.I.R. (SC) 1118 = 2007 (2) P.L.R. (SC)

1 Like

ADV S PATHAK (lawyer)     10 November 2012

JUDGEMENT IS ATTACHED


Attached File : 843653193 s.r. batra and anr vs smt. taruna batra on 15 december, 2006.pdf downloaded: 243 times
1 Like

Sumesh Nair (Deputy Manager Plant & Machinery)     10 November 2012

Yes. Can this order be given ex parte?

ADV S PATHAK (lawyer)     10 November 2012

IN DV EX PARTE ORDERS CAN BE GIVEN BUT YOU CHALLANGE THE SAME

Sumesh Nair (Deputy Manager Plant & Machinery)     10 November 2012

Is it time consuming. The date given to my father to appear is 15th of december2012. Until then we need to accomodate her.

ADV S PATHAK (lawyer)     10 November 2012

THE ORDER IS INTERIM OR FINAL

Sumesh Nair (Deputy Manager Plant & Machinery)     10 November 2012

Interim.

ADV S PATHAK (lawyer)     11 November 2012

ask ur father to move an application to the same judge for recalling his orders with proof of his ownership and this judgement and don't give entry to her in the house. 

ur father should have objected the same when the judge was pasing this order.

Sumesh Nair (Deputy Manager Plant & Machinery)     11 November 2012

My father recieved the notice for the same after she had already entered the house with the court order with the aid of police constables.

My father was never heard before passing of judgement wheras the interim order says that both parties were heard.


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