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kunal   28 March 2015

Domestic violence - residence order

Dear Members,

I have a DV case filed against me. Mrs 498 has filed for residence order among other sections. The guidance that I need is that before she left, we had been living with my parents in the house owned by my Mother. As per my understanding from a few judgements, 498a  cannot forcefully seek right of residence as the property is not in my name. However, I wanted to understand can she seek right of residence if I have been paying rent to my Mother. 



 4 Replies

fighting back (exec)     29 March 2015

she cannot seek right to residence in the property owned by your mother, yes, she can only seek residential rights in your properties, or whereever you are staying and the address which you have mentioned in your say

1 Like

dr.pawan rajyan (member and secretory)     31 March 2015

She can not claim residence order under dv act in your mother property.

T. Kalaiselvan, Advocate (Advocate)     02 April 2015

She can very well seek residential rights in the place where you are residing now or in her matrimonial home.

1 Like

N R Dash.. (Advocate)     08 April 2015

Rightly advised by the experts....

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