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Residence order in dv

Page no : 3

Tajobsindia (Senior Partner )     24 August 2013

1.    She may get right –to-residence in your brother’s title property provided she prime – facie is able to show in those 5 days of her living in her matrimonial home domestic violence took place and this she has a statutory rights.

2.    Her being CA has nothing to do in her right-to-residence claims.

3.    Re.: Batra is not useful for this brief as peddled by few repliers here. It is on different footings. Suggested to understand case citations properly before mentioning them.

4.    Short stay or years of stay arguments are rejected as RTR is in-built statutory rights under the DV Act given to a aggrieved Wife.

5.    Your brother may offer alternate residence or rent in lieu of her right-to-residence claims provided before institution of the ref. complaint case he is shown to have been living in a rented property or may have transferred title of questioned property in any other party name or as alternate remedy.  

A tricky situation your brother has fallen in, outcome depends upon how the prime – facie PO via sound arguments are now handled.

Ranee....... (NA)     25 August 2013

But this is not a Hotel Room, this is her matrimonial home.


(Guest)

Play Clever.

Tell your bro to call her and tell to come back to home. If she dont comes, she cant put DV and ask for residence. Reason being if she put case, you can easily quash the case as your brother already invited her but she didnot turn up.

If she comes back, ensure you take her back with full caution.

In one shot problem will be solved.


(Guest)

Also tell your brother to send some pocket money to his wife. Later if she accepts, you tell in court you are already giving. If she rejects, you tell that she dont want maintainance as she rejected money sent to her.


(Guest)

@arvind..sir my brothers wife has already filed dv asking for residence order and maintainance ..we are very much  confused at this stage 

A Blank Diary of Life (MD)     27 August 2013

@Girija, has she proved the Domestic Violence? If not, then, where is the question of residence order and maintenance.


(Guest)

You would have done it before. Not sure about now.


(Guest)

@blank diary of life ..we don't wish to take her at our home ..my brother has given such a statement at womens cell ..our lawyer says court might give her residence order as we have denied to take her home .

A Blank Diary of Life (MD)     29 August 2013

@Girija, has she proved the Domestic Violence?


(Guest)

@blank diary ..dv not proved ..we denied residence in court so court granted 30 thousand as compensation ..we would be going for appeal 

fighting back (exec)     29 August 2013

@girija.............since DV was not proved. why did you go for appeal? dont understand your answer, also want to ask you? did you straight away deny residence upfront in front of the judge? what was the reaction of the judge, as per your previous post, she had asked residence in your brothers house, am i right?

so did you settle for 30000 compensation? in lieu of residence?

Raja_498a Victim (Manager)     29 August 2013

Girija, Can you tell how DV has not been prooved?

Is it interim maintenance + Residence = 30,000 per month

What were the arguments in the court. Can you tell in short? My DV hearing is on Sep 11 and will be useful.

Thanks in advance.

A Blank Diary of Life (MD)     30 August 2013

@Girija, if she is asking for residence right. Tell your advocate to play smartly here. There are tons of accommodations are made by the Govt. for this abla naris. Tell your advocate to raise this point to accommodate her in Govt.made abla nari centre.

where does she stay at present? With her parents OR on Road?

Robert Johnson   20 February 2021

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