High court case

Aman chawla (DELHI HIGH COURT ADVOCATE) 19 June 2018

why a High Court judge put a stay on the proceeding. No, he will not stay the proceeding until and unless the facts of the case demand so.

Waise it all depends on the grounds, on which you have preferred an appeal.

And I would request you to please specify your query, as why you have preferred an appeal, against which order? It all matters.

Thanks,

Regards,

Aman Chawla

shivani (housewife) 19 June 2018

@amanchawla sir - thanks for ur advice.. please confirm.. I got married in 2012.. lived in matrimonial home for 2 years.den i was constrained to leave matrimonial home.so i filed for dvact case in 2014 from my parental home. I made a pleading of asking for alternate accomadation but my husband refused to provide anything in his reply.. then i reentered my matrimonial home and as soon as i came back husband went to stay on rent alone..then inlaws made an application under my dvact case that they are ready to offer an alternate accomodation but i refused for it because i started living in my matrimonial home.. dvact judge passed an order in my favour that its my sharedhousehold. Then inlaws made an appeal in high court that they are ready to provide an alternate accomadation to me because i asked for it and they want me to leave my matrimonial home..matrimonial home is ancestral property.. inlaws have made a prayer in high court appeal to put a stay on my dvact case proceedings till the high court appeal is pending.

shivani (housewife) 19 June 2018

@amanchawla sir - thanks for ur advice.. please confirm.. I got married in 2012.. lived in matrimonial home for 2 years.den i was constrained to leave matrimonial home.so i filed for dvact case in 2014 from my parental home. I made a pleading of asking for alternate accomadation but my husband refused to provide anything in his reply.. then i reentered my matrimonial home and as soon as i came back husband went to stay on rent alone..then inlaws made an application under my dvact case that they are ready to offer an alternate accomodation but i refused for it because i started living in my matrimonial home.. dvact judge passed an order in my favour that its my sharedhousehold. Then inlaws made an appeal in high court that they are ready to provide an alternate accomadation to me because i asked for it and they want me to leave my matrimonial home..matrimonial home is ancestral property.. inlaws have made a prayer in high court appeal to put a stay on my dvact case proceedings till the high court appeal is pending.

shivani (housewife) 19 June 2018

@amanchawla sir - thanks for ur advice.. please confirm.. I got married in 2012.. lived in matrimonial home for 2 years.den i was constrained to leave matrimonial home.so i filed for dvact case in 2014 from my parental home. I made a pleading of asking for alternate accomadation but my husband refused to provide anything in his reply.. then i reentered my matrimonial home and as soon as i came back husband went to stay on rent alone..then inlaws made an application under my dvact case that they are ready to offer an alternate accomodation but i refused for it because i started living in my matrimonial home.. dvact judge passed an order in my favour that its my sharedhousehold. Then inlaws made an appeal in high court that they are ready to provide an alternate accomadation to me because i asked for it and they want me to leave my matrimonial home..matrimonial home is ancestral property.. inlaws have made a prayer in high court appeal to put a stay on my dvact case proceedings till the high court appeal is pending.

Aman chawla (DELHI HIGH COURT ADVOCATE) 19 June 2018

Oh, In that situation if you are still living in the matrimonial home, then no stay will put on D.V act proceeding.

But they may take a plea that your husband is not living in the matrimonial home and he is living separately from his parents and as per this you should also stay with him only.

BUT !!!! BUT !!!! please be sturdy on your points that it is your right to stay in the matrimonial home as it is governed by section 17 of D.V act and the same was acknowledged by the trial court, and as per your husband living is concerned he left matrimonial home after I get into, so it was a planned game. (These should be your main points and please be mainly focused on these points only)

You should also ask that the status quo should be maintained

Thanks,

Regards,

Aman Chawla

1 Like

shivani (housewife) 19 June 2018

@aman chawla sir- Okay.. thank you for your good advice.. may god bless you always.. i appreciate the way you help distressed people.. thank you

shivani (housewife) 19 June 2018

@aman chawla sir- Okay.. thank you for your good advice.. may god bless you always.. i appreciate the way you help distressed people.. thank you

shivani (housewife) 19 June 2018

@aman chawla sir- Okay.. thank you for your good advice.. may god bless you always.. i appreciate the way you help distressed people.. thank you

shivani (housewife) 19 June 2018

@aman chawla sir- Okay.. thank you for your good advice.. may god bless you always.. i appreciate the way you help distressed people.. thank you

shivani (housewife) 19 June 2018

@lolita- Ek number ki bevakoof lady ho tum.. first you get your facts right.. that door banging case has been dismissed by the court recently.. you are absolutely wrong.. seems you are too frustrated in your personal life.. madam agar husband moon pe bhi jaake rahe tab bhi kanoon wife ko right grant karta hai uske matrimonial home mein rehne ka..lagta hai ki tum ek mother inlaw ho tabhi ek wrong legal advice de rahi ho against a daughter inalw.. stop being biases lady and talk on merits and as per law here.. And mr aman chawla has given a reply based on law and i think he did his law study really well.. he is drom high court as of now and am sure one day he vl handle cases in supreme court as well.. And madam tab door ke paas ek makhi tak nahi thi .. you forget about any boy.. and maine kabhi mention nahi kia ki door ke paas koi boy tha.. Toh beta jhooth bole kauwaa kaatey.. samajh gaye na .. ab CHUP and stay calm

shivani (housewife) 19 June 2018

@lolita- Ek number ki bevakoof lady ho tum.. first you get your facts right.. that door banging case has been dismissed by the court recently.. you are absolutely wrong.. seems you are too frustrated in your personal life.. madam agar husband moon pe bhi jaake rahe tab bhi kanoon wife ko right grant karta hai uske matrimonial home mein rehne ka..lagta hai ki tum ek mother inlaw ho tabhi ek wrong legal advice de rahi ho against a daughter inalw.. stop being biases lady and talk on merits and as per law here.. And mr aman chawla has given a reply based on law and i think he did his law study really well.. he is drom high court as of now and am sure one day he vl handle cases in supreme court as well.. And madam tab door ke paas ek makhi tak nahi thi .. you forget about any boy.. and maine kabhi mention nahi kia ki door ke paas koi boy tha.. Toh beta jhooth bole kauwaa kaatey.. samajh gaye na .. ab CHUP and stay calm

shivani (housewife) 19 June 2018

Hahahaha Aa gayi ne apni AUKAAT pe I knew that you are b*tchy types.. hahahahaha Velli.. tere paas aur koi kaam nahi hai na? Tabhi baith ke mere old posts dekhti hai 😂😆 Hahahahahahahahahahahhaa

shivani (housewife) 19 June 2018

Hahahaha Aa gayi ne apni AUKAAT pe I knew that you are b*tchy types.. hahahahaha Velli.. tere paas aur koi kaam nahi hai na? Tabhi baith ke mere old posts dekhti hai 😂😆 Hahahahahahahahahahahhaa

Samir N (General Queries) (Business) 25 June 2018

DV case... was it filed in Family Court? Otherwise, from Magistrate the appeal should go to Session Court and then to High Court as second appeal. Yes Family Court has jurisdiction over DV too and appeals from there go to High Court.

As for matrimonial home, if it is ancestral home and stands in the name of in-laws, you will have no right to it and it cannot be matrimonial home even if you lived there with your husband. There was the famous Batra vs. Batra Supreme Court case. I suggest you read it as your in-laws may rely on it. Legal ownership of the residence is important. If it stands in the name of in-laws, it cannot be matrimonial house under the DV Act. I do not know if Batra vs. Batra was refined or over-ruled by newer Supreme Court judgment.

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