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Hari   06 November 2016

Protection order

Dear Ld. Members,


My wife recently filed a DV case against me and my parents. However, my wife has consistently claimed in the Court that she does not want to join me in my matrimonial home.


Her prime intention behind filing a DV case is that she wants to seek protection order against me.


However, if she does not want to join me in my matrimonial home then what is the use of seeking a protection order in such a DV matter?


The protection order would be a useless tool, I think, if she does not want to join my company.


Could you please help me out in putting this point right forward to the Court as to why the action of DV is initiated against me if the wife does not intend to join me in future?


Please help me out.




 4 Replies


If she does not want to join you at the matrimonial home, and if you have no quams about providing her a separate accommodation to her, court will order the same.  Or if you insist that she join you at your matrimonial home and she disagrees citing security reasons to her life, then you will be asked to pay rent to her on a monthly basis + maintenance to her if she is not a working woman (if she is a working woman you need to submit such proof to the court.). 


Whether the protection order will be useful or not it is for the court to decide.  On the other hand, if court issues protections orders, police will take her and place her in the matrimonial house and will keep strict vigil as to her welfare in the house.  So there is every chance of her coming back to matrimonial house once court provides protection to her via police.



If you do not want her to come back to your matrimonial house, better leave the place or arrange some other place for you both to live, in case you wish to continue to live with her.  If you don’t wish to continue to live with her, just go reside with some friend or some pg accommodation.  All replies to be sent to court from new address.  Don’t receive any further notices or summons from the matrimonial home address.


DV case only starts.  To end it may take a decade.  Best option for you is to go for settlement.  Settle matter and take mutual divorce, as I don’t think things will sweeten up in any way.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     07 November 2016

Protection order protects the wife and restrains the husband to contact wife at her natal home, place of work, the way from her home to her place of work or any other place she generally goes on and also restrains husband to contact her through phone, e-mail or sms or by any other mode. A wife can seek such protection while refusing to join the husband in matrimonial home.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     07 November 2016

Whether to grant such relief to the wife or not is in the power of court on the basis of the facts brought out before him.

rajeev sharma (Advocate Ex senior manager law )     07 November 2016

I fail to understand whwt perturbs you more, granting of protection orederin her favourby he court or that she maycome to live with you . If you dont have any intention to harm her then let her have the protection order. If she wants to keep her away fron your house arrange a seperate house for her. Remembershe is still your wife and you hae a liabilty to maintain her.

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