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jack (nothing)     01 November 2016

Right to reside in dvc

Below is the situation :

1. Husband filed RCR, as counter balst 498A,Crpc125,DVC filed by wife.

2.In RCR wife filed counter to dismiss the petition, after husband with drawn the RCR stating the reason as wife dont want to come and with drawn after 3 years.

3. 498A is disposed frist convicted in lower court and acquited in session court. But there are many things proved which are in the cross.

4.The house is in the name of husband which is invested by his father and also parents and his brother is staying in the same house from before marriage.

5. Marriage period is 5 months

6. Wife has house in her native(where cases are filed and residing) which is inherited from her late Father.

7. Now it is more than 3 years and husband can prove desertion by wife(by RCR,FB message which are bad language), also none of the allegations has been proved.

8. Wife is MBA and before marriage she used to work , this is proved in other court in MC.

 Based on the above information what is chance of passing Right to Reside to wife in DVC as house is in the name of husband(there is no childrans)?

 



Learning

 6 Replies


(Guest)
Originally posted by : jack
Below is the situation :

1. Husband filed RCR, as counter balst 498A,Crpc125,DVC filed by wife.

2.In RCR wife filed counter to dismiss the petition, after husband with drawn the RCR stating the reason as wife dont want to come and with drawn after 3 years.

3. 498A is disposed frist convicted in lower court and acquited in session court. But there are many things proved which are in the cross.

4.The house is in the name of husband which is invested by his father and also parents and his brother is staying in the same house from before marriage.

5. Marriage period is 5 months

6. Wife has house in her native(where cases are filed and residing) which is inherited from her late Father.

7. Now it is more than 3 years and husband can prove desertion by wife(by RCR,FB message which are bad language), also none of the allegations has been proved.

8. Wife is MBA and before marriage she used to work , this is proved in other court in MC.

 Based on the above information what is chance of passing Right to Reside to wife in DVC as house is in the name of husband(there is no childrans)?

 

 

Sec 17 of PWDVA 2005, defines under 2 (s), shared household.  She can claim residential orders even now. To be read with Sec 18 (with police protection), and 23.

Best way forward is that accused 1 ie you should vacate the place  and shift elsewhere.  Once you come to know that DV case have been filed, reply to be given from the new address and not from old address.  If you stay back and accept summons etc, she can come back to same house with police protection, she can stay there and do goondaism via police.  On the other hand if you shift out and reply from new address, she cant gain entry to your house where rest of the family members are staying.

You should file perjury as you got acquitted in sessions court for 498a.  You should get divorce based on the acquittal alone.  RCR if still pending will again help you secure divorce.  

sai narayana   01 November 2016

Mine is 2 years of marriage, 2 years of separation and currently one year roaming in court.

Yours is even worse. 5 months of marriage, 3 years already in court. And you are ready to roam further. Oh my god. Can't you both go for MCD??

jack (nothing)     01 November 2016

They want to extract as much as possible and as many laws by using, how can i go for MCD? Do you think its right way? 


(Guest)
Throw the green notes, red notes and take MCD. Google hrithik prabhudheva sudeep for MCD. Google Prashanth arvind swamy for contested divorce.

(Guest)
https://googleweblight.com/?lite_url=https://ipc498a.wordpress.com/2009/06/07/prashants-story-covered-by-deccan-chronicle/&ei=4jkjOy6W&lc=en-IN&s=1&m=921&host=www.google.co.in&ts=1478000238&sig=AF9Nedlss-9qkrBht_FadKEa9J5DeCTmHQ

(Guest)
https://www.filmibeat.com/tamil/news/2014/shocking-divorces-tamil-kollywood-actors-145778-pg1.html

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