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Tejal (house wife)     11 May 2012

What is matrimonial home?

What is matrimonial home ? The home where woman goes after her marriage ? Or The home where her husband lives.?

Can she get the residential order under DV where she lived only for 15 days with her husband . & visited the house 3-4 times in the month? & what if that house is not on her husband's name?



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 18 Replies

Shantanu Wavhal (Worker)     11 May 2012

matrimonial home =  The home where her husband lives

Sanjeev (Lawyer)     12 May 2012

the matrimonial home is a place where the husband and wife last resided in a domestic relationship. The right to sharedhousehold are not that easy to get and the place if not belong to the husband than it would be more difficult.

N.K.Assumi (Advocate)     12 May 2012

A Home built by two hearts not hands.

Tejal (house wife)     12 May 2012

If husband keep his wife only for 15 days with him self at his parents' home after marrige  & sent her back to her home. & take her at his parents' home only ocasionaly . & suddenly he denied to keep her with himself at his parents' home wyhout any reason . 

1 Can she file Case to get residential order?

2 If husband says , & make " bahanasa" it is not my home & i m not living with my parents , so can she ask to court to live at the place where husband live?

HK_Jain... (498a Fighter)     12 May 2012

"If husband says , & make " bahanasa" it is not my home & i m not living with my parents , so can she ask to court to live at the place where husband live?

YES"


(Guest)

joint family Home OR where Husband wife both reside after marriage OR where Husband live.

Under Domestic Violence act you can get order to live with Husband and in joint family home.


(Guest)

joint family Home OR where Husband wife both reside after marriage OR where Husband live.

Under Domestic Violence act you can get order to live with Husband and in joint family home.

rajiv_lodha (zz)     12 May 2012

I correct u here.............DV act never talks of MATRIMONIAL HOME, it talks of SHARED HOUSEHOLD only.

Refering to SR batra Taruna Batra case, Wife can claim RTR in shared household only. If the property is self acquired one by his parents, no RTR can be granted to either their son or DIL.

Maintaining wife is the headache of husband not the inlaws.

If his parents do not want to keep him or his wife in their self acquired property, they cant be forced to do so legally!

Tejal (house wife)     12 May 2012

Thanks to all..

@ Mr. Rajiv lodha.

what if parents are willing to keep their son & not DIL ? Cant she claim to live with her husbund where he is living. either or at his parent's home or somewhere else.

If parents are not keeping their DIL & only keeping his son thn isnt it the responsbility of the husband to arrange a residence of his wife.?

Anjuru Chandra Sekhar (Advocate )     13 May 2012

Even if the property is not in the name of husband you can get a right to residence under DV Act in the house of inlaws.  It has nothing to do with the will of parents.  Even if parents of husband do not like DIL to be part of their owned house premises, and keep only their son, she (DIL) can have a right of residence under DV Act.  Even if the husband lives separately after the act of Domestic violence from parents, the DIL can have right to residence in the household of in-laws where she resided along with her husband prior to acts of Domestic violence.  However she cannot get a right of residence, in the house where husband after separating from parents has been living.  She can only get right of residence where she lived with husband at the time of domestic violence and before, irrespective of whether in laws are part of that household or not.  In case husband is living in a rented household and wife was living with him in the rented household, and later husband shifted to another household after acts of Domestic violence and separation then it is doubtful you can get a shared household in the new rented premises of the husband, because the old rented premises belongs to the parties who have no locus standi with the dispute.

Anjuru Chandra Sekhar (Advocate )     13 May 2012

:) That means if the family of husband who owns the house gives the owned house on rent and lives in a separate rented house away from their owned house, the wife can only get shared household in the owned house of husband's family where she lived prior to acts of domestic violence.

Tejal (house wife)     13 May 2012

Thanks, Mr. Chandra shekhar.

I m still confused with the time limit. Can she get right to residence in the shared house hold continueasly only for 15 days & her husband was taking her 3-4 times in the month for night stay, & 3-4 times ocassionaly in the month during their 8- 9 months of married life.

Does the home consider her shared house hold,Can she get right to residence.?

Anjuru Chandra Sekhar (Advocate )     13 May 2012

Shared household means that household that you had shared with respondent (in this case husband).  In the definition, the period of stay is not mentioned.  So irrespective of whether you stayed there continuously or had been there only occasionally, the husband's household where he had been taking to is your shared household.  No matter you had been spending most of the time at parent's house, after marriage customarily your household is that of husband's household.  Hence you are eligible to get right to residence.  However as I said, if the parents and husband wants to give the household on rent and proceed to another house which is rented or owned, you cannot get residence in the new place where they went.  YOu can only get residence in their old residence, which is your "shared" household.  Their new residence will be technically your "unshared household" so, you cannot have any claim on it. 

Tejal (house wife)     13 May 2012

Thanks Mr. Chandra shekhar.

Even though there are so much laws to protect women , she is still helpless for having her own house. she is neither entitled to reside in the husbands house nor her parentsl house as it is a property of her brother. any one can through her out of house anytime. for both the residense or any kind of property rights she has to go thru court procedure .


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