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hopeful001 (professional)     21 October 2017

To reside in matrimonial home

my husband filed HMOP divorce case and it got dismissed after 3 years for silly allegations. i was carrying his child even before he file this case, While I have been for delivery, he has deliberately broken the house , changed the locks, fixed camera preventing me to enter into the house after child birth.Now even after dismissial i could not enter in to the house as his wife. He has not gone for appeal till date.  now he has let out for rent , deliberately shifting all my valuables and belogings to native. I filed complaint to police that house has been rented, shifting all my belonging, he has not co-operated for investigation initially, he filed AB later. I filed intervening stating that he has deliberately thrown me out. But police closed the case stating that he is ready to hand over the things. he said that too as an eyewash. I wish to reside either with my husband or atleast in his home. since he has not gone for appeal and I am his wife even now, I dont wish to take DVas a weapon for this.please guide.

 

I am not particular on maintainance, but  as everyone replies on this issue, that one cannot be compelled to live, I will wait until he reconcile, But i wish to only reside in my matrimonial home, legally as his wife and his daughter. 



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 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 October 2017

only domestic violence case can help you.
there is no other law specific for this purpose by which you can get residence order to reside in m matrimonial home.
feel free to call

hopeful001 (professional)     22 October 2017

Thanks for your reply sir. I have already given petition to social welfare officer for residence order. She has sent many letters for inquiry. But it got returned from his permanent address. Their phone nos also remain unanswered. She said that without inquiry, if she pass the case to the magistrate he won t consider the case.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 October 2017

You may file a domestic violence case against him directly before the magistrate under section 12 of protection of women from domestic violence act 2005

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