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Pushpa Rajan (EXECUTIVE)     11 July 2017

Rights of wife to live in husband's home till getting divorce

Husband thrown away his wife and filed the divorce petition in the family court. Now the wife needs shelter. Want to know wife's right to live in husband's house till divorce.


Learning

 19 Replies

Siddharth Srivastava (Advocate)     11 July 2017

Wife can live for life time in her husband's house. As such law does not prescribe any such limitation in this regard. You can also claim maintenance including the expense towards rent etc. Consult a lawyer with details.

1 Like

Kumar Doab (FIN)     11 July 2017

She is still wife and has right in matrimonial home/home where husband resides.

1 Like

Pushpa Rajan (EXECUTIVE)     11 July 2017

Which court is the competentent court to file the petition for uphold the rights.

Azhagananth (Lawyer)     11 July 2017

The wife has rights to live with her husband{Matrimonial home} till  the Divorce is granted. even the wife is entitled to file separate petition of Restitution.


(Guest)

When matter is in court, it is advisable that both husband and wife should not be in contact.

Due to anger if he gives one blow and if she dies, she herself will be responsible or the people who sent her to live at husbands house will becoem responsible, that includes court/judge too.

If keeping her is becoming a problem at fathers place or borthers place, then best place is to seek remedy from court and ask her to be placed in government shelter house for women.  It is 100 rs per day charge to be paid by husband for her stay there.  You can enquire locally in women and welfare department locally regarding per day expenditure for staying in women shelters home.

What you can do is, catch hold of feet of husband, do some drama of crying, ask husband to take her back.  WIthout divorce case being disposed off legally the wife does not have right of entry to husbands house or in-laws house.  I hope it is clear, all your doubts.  Dont be happy that the wife can ask maintenance, she can ask, court can order, but it up to the husband to pay or not.

1 Like

Advocate Bhartesh goyal (advocate)     12 July 2017

wife may file complaint against husband u/s 12,17&19 of oddball 2005 and claim right to residence in husbands house.

Kumar Doab (FIN)     12 July 2017

Same Query:

https://www.lawyersclubindia.com/experts/Wife-s-rights-to-enter-in-to-her-matrimonial-house--647241.asp

Kumar Doab (FIN)     12 July 2017

Sum up from both threads.......and check with your own counsel.

Pushpa Rajan (EXECUTIVE)     13 July 2017

Sir,

 what is meant u/s 12,17&19 of oddball 2005?

 

Rajendra K Goyal (Advocate)     13 July 2017

Should avoid to repeat the query. 

Kumar Doab (FIN)     13 July 2017

Ignore the member that has deleted the account.

The reason for deleting the account is obvious to run away after litterring nuisance.

1 Like

Rajendra K Goyal (Advocate)     13 July 2017

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

12. Application to Magistrate.—

(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.

(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.

(3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.

(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.

(5) The Magistrate shall Endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.

 

17. Right to reside in a shared household.—

(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.

(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.

 

19. Residence orders.—

(1) While disposing of an application under sub-section (1) of section12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order—

(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;

(b) directing the respondent to remove himself from the shared household;

(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;

(d) restraining the respondent from alienating or disposing off the shared household or encumbering the same;

 (e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or

(f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require: Provided that no order under clause (b) shall be passed against any person who is a woman. 9 (2) The Magistrate may impose any additional conditions or pass any other direction which he may deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of such aggrieved person.

 (3) The Magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence.

(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.

(5) While passing an order under sub-section (1), sub-section (2) or sub-section (3), the court may also pass an order directing the officer in charge of the nearest police station to give protection to the aggrieved person or to assist her or the person making an application on her behalf in the implementation of the order.

(6) While making an order under sub-section (1), the Magistrate may impose on the respondent obligations relating to the discharge of rent and other payments, having regard to the financial needs and resources of the parties.

(7) The Magistrate may direct the officer in-charge of the police station in whose jurisdiction the Magistrate has been approached to assist in the implementation of the protection order.

(8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her stridhan or any other property or valuable security to which she is entitled to.

Kumar Doab (FIN)     13 July 2017

Agreeing with Mr. Rajedra K Goyal ;Pls avoid to repeat.

 

veedu (-)     17 July 2017

Wife can stay in her husband's house or whereever the husband guy resides with or without court order. She can ask the protection officer of the jurisdiction to leave her in her husband's house and warn her husband to not throw her out of the house.


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