Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Right to residence

Dear All,

I got married in nov 2014 after one month of my marriage my husband has thrown me out from his house. Reason was he has beaten me and i raise my voice against him. Being a girl i will not allow anyone to harm me physically or mentally . when i am not wrong. he called my parents and said i cannot keep her as i Only slap her AADMI TO KAAT KE DAAL DETEY HAI.... they were beating me like an animal and other members of family was TAMAASHBEEN. since then my parents are approching him to take me back at home but he is denninying he said i want divorce.

Being a girl parents my parents have faced abused from him. and he is not  not ready to take me back....

after that i hv filed a case of DV and its in consideration under Honerable court. and i only asked for Right of residence nothing else i want to live with him. plz. suggest till the time i am not divorced is he has right to throw me out from his house. 

if i will try to enter his house without his permission can he take any legal action againt me. plz guide. if he deny in court that he dont want to keep me with him so what could be the next course of action of  court.

 

Look Forward to your valuble suggestion.



Learning

 11 Replies

Born Fighter (xxx)     22 August 2015

Repeated Query, there were 11 replies to the same query from panel members/expert

Prasad (Systems Engineer)     22 August 2015

 

Hello Monica...


In one month when you lived in matrimonial home, were you executing your duties as wife and daugter-in-law?


You did not tell why your husband beat you.


Husband Beating his wife is wrong but a wife provoking a husband is also equally wrong.


Not just women, a man also does not like anyone harming him physically or mentally.  


If your husband is beating you and others are watching, why did your parents ask your husband to take you back?


Does your parents believe your husband? If so, do you also believe your husband now?


Not just girl's parents. Boy's parents also face abuses. 


A girl can file DV on her husband. But a man cannot file DV on his wife? See, how pathetic men's life?


By filing a DV case, you have depicted your husband as criminal in the eyes of his relatives and society.


Now, why do you want to live with a husband who throwed you out of his house?


And, most pathetically, why do you want to enter forcefully into a house where you will be beaten?


Why are you seriously contradicting yourself by filing DV on a person with whom you, actually, want to live?


If you really have love and trust on your husband and marriage, you should not have filed DV.


A husband facing DV will lose all love and trust on his wife and will always go for divorce. 


If your husband is not ready to live with you, court cannot force him at all.


One month of marriage is a very short time to understand each other well.


You should give time and space for each other, talk and settle issues amicably to live together again.


But now your marriage is on fire after you filed DV.


Only you can stop the fire. Withdraw the DV case and then give time for the fire and heat to settle down.


Then hope that you both will get wisdom to live togther.


Because, a second marriage is doubly pain in a life. It is not easy.


Else, get Mutual Consent Divorce [MCD] peacefully and leave each other.


If you want to continue legal cases, roam in courts, get aged and loose life. 


Your husband also will loose life.


Due to your cases, Of course, court may be able to give order to ask your husband to pay you money.


But you will loose your marriage and husband and put your future in unstable state.


And your parents will go through toughest time looking at the bad state of their daughter's life.

 

2 Like

jack (nothing)     22 August 2015

Well said, I totally agree with you. Now a days it is drama to the women's . They will shortly learn how they spoiling their life's misusing law. @monica : if u file cases on your husband worst case he will suffer 5 years to clear cases. But you will suffer long life. Remember SC has already stated 98% of the family cases are fake.
3 Like

Mikey   23 August 2015

Mr Prasad, Salute.

Mr Jack, well said.

Respect

prabhakar advocate (advocate)     23 August 2015

If you have not already moved interim application for residential rights in DV case, move it at once. If you have already moved it, then ask your advocate to take up this issue on urgent basis as you are facing problem to stay and live on your parents. Prabhakar - Advocate (M)9958670740 Family Law legal aid panel-central Delhi (Tis Hazari).

Muralidhar Mysore (Retired)     23 August 2015

Mr. JACK, pls leave your cell no, I wish to talk to you on a bank case, my account details hv been invaded by my petitioner wife. Regards Chandramohan Blind Man

(Guest)
Thanks a lot for your reapond but sir@Prasad but i wud like to tell you every girl os not same..yes i can understand girls are doing this thing for money but till date i hv not asked a singal new paisa frm him... am asking only for my right..there is not a singal law which says if husband is frm very rich family and wife is frm middal class he has right to beat her. You were asking me the reason why he has beaten me so reason is very pitty small and he think he can rule anyone.. And ppl are suggesting me to do not fight your so what if he was beating you go for MCD i hv not found a singl lawayer who fight for RIGHT . I wud really appreciate your advice to marry again. But i m sorry it seems nobody want to fight for rights.... Mere Desh Ke kanoon Ka Durghabhgaya....yahan Doshi khulley ghoomtey aur nirdosh ko punishment milti hai...... Really its very disappointing :(

deep (deep)     24 August 2015

Monika do not take emotional decision of withdrawing the case IF THE CASE is True. I m not advising u to break family but to build back family sometimes it is necessary to make your beloved realise the importance of family in a legal way mediations, counsellings 

Prasad (Systems Engineer)     25 August 2015

Hello Victim... You are a victim because you believe "to build back family sometimes it is necessary to make your beloved realise the importance of family in a legal way mediations, counsellings". So sad.


(Guest)
Originally posted by : Member (Account Deleted)
Dear All,

I got married in nov 2014 after one month of my marriage my husband has thrown me out from his house. Reason was he has beaten me and i raise my voice against him. Being a girl i will not allow anyone to harm me physically or mentally . when i am not wrong. he called my parents and said i cannot keep her as i Only slap her AADMI TO KAAT KE DAAL DETEY HAI.... they were beating me like an animal and other members of family was TAMAASHBEEN. since then my parents are approching him to take me back at home but he is denninying he said i want divorce.

Being a girl parents my parents have faced abused from him. and he is not  not ready to take me back....

after that i hv filed a case of DV and its in consideration under Honerable court. and i only asked for Right of residence nothing else i want to live with him. plz. suggest till the time i am not divorced is he has right to throw me out from his house. 

if i will try to enter his house without his permission can he take any legal action againt me. plz guide. if he deny in court that he dont want to keep me with him so what could be the next course of action of  court.

 

Look Forward to your valuble suggestion.

But why do men beat?

 

Why?

 

Are all the men mad to beat up women to pulp?

 

Isnt there some missing link as to why do women complain about beating only and hide completely what they did and how their behaviour was with husband and inlaws?

Newtons third law says, equal and opposite reaction to every action.

I am still pondering as to why men are termed as woman beters?

'

Is there smoke without fire?? or Am I born again in the wrong era?

2 Like

SuperHero (Manager)     25 August 2015

https://www.youtube.com/watch?v=aQroQCn3ENU

In the above video, as per the news reporter Husband has been caught in EMA and Dowry harrasment even after 10 Years of marriage.

If you watch the video closely from 02:09 to 02:13. The Wife slaps the Husband and then He beats her. Also somebody throws a stick and she picks it up and starts hitting him.

Then as usual Police entered the scene, filed cases such as 498a and DV.

And all the media showed that the guy is culprit, beats wife and immediately Women organizations came into picture.

I am not advocating what Husband did is right. 

The reason for such extreme behaviour is provoking statements, criticizing and bullying in public. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register