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Annie Goyal   18 September 2021

For getting my rights to stay at my in laws house

I filed DV case against my in laws aftr getting tortured... i just wanted to get justice n stay respectfully n peacefully... but my husband filed divorce case in return... but i don't wanna give it to him... what r my rights in this matter??


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Niyati Trivedi   26 September 2021

Shared household - Section 2(s) of the domestic violence act. For women who are mistreated and/or tortured at their in-laws, have the right to claim the “shared household” of the joint family under Section 2(s) of the domestic violence act. Women can claim a shared household at their in-laws house, both during and after the domestic violence proceedings. According to the section a woman who has been subject to domestic violence has the legal right to a shared household with the family, and also the ancestral house of the mother-in-law. Section 17(1) of the domestic violence act states that “Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship will have the legal right to reside in a shared household, whether or not she has any right, title or beneficial interest in the same” Contested divorce-section 13 of the Hindu marriage act 1995 As far as it comes to your husband filing for divorce, you can go and contest it in the court. After filing of the divorce petition by your husband, both the parties will receive notices from the court. You will get a hearing date and place along with it. Both the parties have to appear in the court of law. If you do not appear in the court, the court will proceed in the hearing with your absence. In your first hearing, if the court is of the view that there is a chance of conciliation, it forwards the issue to the arbitrators, who look into the possibility of settlement. If the case is settled, the divorce petition is withdrawn. If not then you can file a counter contesting the divorce as you are not in the favor of divorce being granted, you also have to deny every allegation made in the petition. The denial should be specific to every allegation and not an overall denial of all allegations, if you do not reply to any allegation specifically it will be seen as if you have accepted the specific allegation. The required documents and information will be produced in the court, and it will be provided to the other party too. After checking the documents and the information, the court decides the points for consideration. After analysing all the evidence and concluding upon it and the arguments the court orders a decree granting or denying the divorce. Regards, Niyati Trivedi

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