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shivani (housewife)     01 June 2021

Please advice.urgent

I got married and came to live in my matrimonial home directly with husband ,inlaws.. some issues arose and filed for a dvact, in the final order got a right of staying in the room of the house as it's my matrimonial home & sharedhousehold..

Husband has been living on rent for years and he has filed for a divorce.. father in-law has filed injunction case for my eviction , however it's an ancestral property and court has also observed this,cases are still pending in the court..

Now few days back mother inlaw died, now husband says that he wants to stay with me but says that he will live with me only once the cases are withdrawn and only on the 2nd floor of the house and not in the room jismein rehne ka right mujhe court ne grant kia hai.. 

My query is, even if he gives an undertaking thta he vl be nice with me on the 2nd floor or he sill not ask me to leave the house, so can he still break the undertaking ? How will I secure my right of staying on the 2nd floor ? Will I have to file an application in the court seeking my stay in the house and will dat be decided on merits and can be challenged? 

Pls advice.. whether I shud ask my husband to stay in the same room of the matrimonial house or shifting to 2nd floor vl be right or not ?



Learning

 8 Replies

I.B. Pandey   01 June 2021

Do not do any act against court's order as you are ordered to live where .As your father inlaw told ,it will not be in you favour.Later or sooner, after withdrawal of case you may face a difficult situation. What your fatherinlaw said , you can submit an application into the court.
I.B.Pandey, Advocate

shivani (housewife)     01 June 2021

@ib pandey sir, thank you for your advice !

If suppose I shift on the second floor with my husband and if my father inlaw  and husband gives an undertaking that they will not evict me from der , so still he can break the undertaking and throw me out ?

And then I will have to file an application in the court for my residence rights ? And dat will be decided on merits ?

Dr J C Vashista (Advocate)     02 June 2021

If you have already been granted permission to stay in matrimonial home, which cannot be termed as "shared household"  since your husband is living separately in a rented accommodation, in that circumstance you must convince your husband to leave the rented house and live peacefully in the same house stated to have been owned by your father-in-law.

Legally entire family will remain disturbed, your married life shall be ruined, therefore, it is  better to withdraw your case(s), settle amicably, leaving aside ego by give and take, . 

I would like to advise you to be positive, wise enough and proactive, forgive and forget past ill events /happenings,  take initiative, reconcile, love each other, maintain cordial relation, enjoy married life, peace, prosperity and progress within your family (in-laws).

Best wishes.

 

Sankaranarayanan (Advocate)     02 June 2021

if he is willing to live then why don't you try for it?  consult your lawyer. your lawyer will guide you properly

shivani (housewife)     02 June 2021

@jc vashista sir, thank you for your advice..

I want to stay in the ground floor only bcz I have an order from the court that I can stay there , seems if I shift to the second floor ,then they will be able to evict me easily, so that's why trying to convince my husband to stay at the ground floor only bcz that is my matrimonial home and 2nd floor doesn't comes in the category of sharedhousehold I think !

@ sankara! Thank you sir

 

P. Venu (Advocate)     02 June 2021

Amicable settlement is the best option. There is nothing unreasonable in the arrangement suggested by your husband, You may be get the suggestions incorporated in the consent terms to be filed in Court and get the DV case disposed of.

Any undertaking beyond the consent terms would serve no useful purpose.Trust the future. Even if somethings goes wrong, that would provide a fresh course of action.

Dr J C Vashista (Advocate)     03 June 2021

Dear Ms. Shivani,

If you can save your matrimonial institution by moving to 2nd floor, there is no problem. You may move an application before the Court (which granted permission to stay on ground floor) for modification of orders, justifying your prayer, if you are adamant  to stick to court order..

 

T. Kalaiselvan, Advocate (Advocate)     04 June 2021

It appears that your husband may be trying to play a safe game by first moving you out of the ground floor room in the name of providing you accommodation in the second floor which then will become for your father in law to prove his case stating that you voluntarily left the room despite the court giving residential rights in that room.

On that basis he may get a favorable order to his eviction suit after which you may lose your rights and you may not even be able to approach seeking residential rights once again if you have voluntarily moved out of the rightful place.

The agreement or the underking that he may give now is not enforceable in law when the dispute is referred before court of law.

Alternately you can apply for modification of the court order granting you residential rights from the ground floor to the proposed second floor.

But for that you may have to prove that it is also your matrimonial home and you should make your husband to return and live with you in that chosen place. 


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