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shivani (housewife)     09 December 2022

Rent accomodation

Please advice. Recently i have been evicted from my matrimonial home under the possession case filed by the father in-law in the trial court, immediately i filed an appeal in the high court stating that my eviction is not as per law etc & no accomodation has been arranged by the husband. high court did not grant a stay while on the other hand father-in-law filed for execution & bailiff appointment ,so high court asked the husband to arrange an accomodation and passed an interim order for accomodation & high court has kept my appeal pending and vl hear my case on merits.i shifted to a rent house in the meanwhile. My problem is that i never moved an application in the dvact case that i need a rent accomodation bcz i never wanted to stay on rent.this point has been raised by the opposite side in the high court that i shud not be getting the rent amount further since in the final order also the dvact judge never granted me a relief of having an accomodation.. but in every other 5-6 cases ,husband and the father-in-law have mentioned on oath that they are ready to provide me a rent accomodation since the beginning and that i should be evicted from my matrimonial home so this is the reason that i never filed for a rent accomodation prayer since husband and inlaws have been saying themselves that they are already ready to pay for my rent . Should I bring this in the notice of the high court judge & will this help if I tell the judge that inlaws and husband were always ready to pay for my rent,that is why I never filed a separate application,so will the judge secure for my accomodation in the future also ?



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     17 January 2023

Perusal of whole set of papers shall e needed for any lawyer to form a view in the matter.


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