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Ajay (Software Professional)     15 December 2011

Urgent- can wife enter matrimonial house forcibly and stay

Is it possible for wife to enter into husband's house and demand staying there with the help of DV act.

Background : Divorce filed by me pending and wife filed 498a which is at chargesheet stage.

Now wife has recently given domestic violence complaint too saying we forced her out of house. I stay with my parents in a rental accomodation. Can she forcibly enter our house and demand her stay with us? Does DV act help wife with such benefits.



 16 Replies

T. George Mathew (Advocate)     15 December 2011

Hi

Yes DV act gives such provision,check whether she is doing it with an order from the court.Any time a married woman can enter her matrimonial home as lonas she is married to the man concerned and he is staying in that house.

Sanjeev (Lawyer)     15 December 2011

There is a provision in DV Act for shared household if the court grants that then she can enter the house. Normally its not so easy and she wont like to enter if thats a rented accomodation as that would not benefit.

N.S.Udaya Kumar (lawer)     15 December 2011

yes, D.V.Act provides shelter for neglected wife and womens. You must  provide shelter for her if DVC court pass an order ,  


(Guest)

THE WIFE HAS GOT SUCH RIGHT BY MATRIMONIAL TIES. YOU CANNOT DENY NORMAL ACCESS OF THE MATRIMONIAL HOME.  THE DOMESTIC VIOLENCE ACT IS PROVING ALL THE RIGHTS (MAINTENANCE, PARTITION, RIGHT TO ACCESS MATRIMONIAL, PROTECTION ORDER, ALL THIS THING IN ONE PETITION)  PENDING OF THE MATRIMONIAL PROCEEDINGS WILL HAVE NO EFFECT ON D.V ACT.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 December 2011

Not unless she has a court order.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     16 December 2011

without court order can not stay forcfully

Sudhir Kumar, Advocate (Advocate)     16 December 2011

Divorce has not happened.  She is complianant under DV Act she can reside in that house, if not restained by court, even if you are inprisoned on the basis of her complaint.  See the other side. Can complainant of any crime be by law put to disadvantage.  In this case she comes with a face of victim and law cannot allow victim to suffer for the complaint. In the absence of court order you may not be proving her complaint of having been forced out of the house.  Still it will be better to seek police intervention.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 December 2011

I disagree with Sudhir Kumar.

 

Complainant is also a citizen and applicable laws apply to him too. He/ she can not take advantage of filing a complaint/ instituting a case.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Vikrant Goel (fkhjk)     21 December 2011

my wife has refused several times in the court to come back and has filed false dowry and other criminal case against me. she is not even interested in her childrens. even then no judges at Hisar (Haryana) is considering any of my request not passing degree of divroce and are mentally torturing me with bad intension to spoil my and my childrens life and judges are in colusion with my wife and her family as she and her family are judicial staff from lower court to high court. How to fight with these b*st*rds judges which is acting as badwae of b*tches without bothering the future of innocent childrens. I feel kicking these idiots judges and stupid indian judiciary system.

Vikrant Goel (fkhjk)     21 December 2011

though i have enough evidence to prove my self innocent and injustice done by the local judiciary by misusing law and their position. i bound by my liablity towards my childrens. The moto of my wife and her family in colusion with local judiciary is to put my social reputation down and destroy my life by way of stupid indian judiciary system break my mental peace. why m i hanged in several criminal cases if i m guilty. why she is not giving me divorce? why judges are not passing their judgement against me? why the criminal cases are delayed? Why she is living with her brother in law living her 2 son? Judges knowingly all facts does not want act on facts. Judges are idiots who are playing with the life of innocent. They believe themselves as God and reserves the rights to spoil any innocent life but i believe they r the real legal terrorist. I m being dishonoured with any evidence of my criminal acts. Judges can not even see the facts of a women cruelty towards her own childrens. Is law protecting women or promoting women cruelty. facts always remain under a curtain in the court and case are processed on the bases of false blames.

Vikrant Goel (fkhjk)     21 December 2011

though i have enough evidence to prove my self innocent and injustice done by the local judiciary by misusing law and their position. i bound by my liablity towards my childrens. The moto of my wife and her family in colusion with local judiciary is to put my social reputation down and destroy my life by way of stupid indian judiciary system break my mental peace. why m i hanged in several criminal cases if i m guilty. why she is not giving me divorce? why judges are not passing their judgement against me? why the criminal cases are delayed? Why she is living with her brother in law living her 2 son? Judges knowingly all facts does not want act on facts. Judges are idiots who are playing with the life of innocent. They believe themselves as God and reserves the rights to spoil any innocent life but i believe they r the real legal terrorist. I m being dishonoured with any evidence of my criminal acts. Judges can not even see the facts of a women cruelty towards her own childrens. Is law protecting women or promoting women cruelty. facts always remain under a curtain in the court and case are processed on the bases of false blames.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 December 2011

Calm down Vikrant,

 

You need to take correct measures and not just vent out like this on public forum. It is not going to help you./

 

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Sudhir Kumar, Advocate (Advocate)     23 December 2011

Soneejee is right.  Expressing views and analysis against your adversary on this thread leads to publicising your secret strategy and also publicising the fallacy in your claims discussed byother experts.  If such materail falls in hands of advocate of your adversary then you are giving him material as well as free legal aid against you.

Sufferer of 498 (Officer)     23 December 2011

Vikrant,

don't lose hope, you'll get justice, gather your evidences and move to higher courts, try getting reference in SC 2007 1118 case, bathra vs bathra case, there is a definite ruling in similar case as yours.Its a famous case try the reference, it might help your case.


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