Want to enter matrimonial home

1.    First visit marriage counselor and tweak your overall personality.

2.    Afterwards invite husband to marriage counselor and undergo joint sessions.

3.    Meanwhile let the S. 125 CrPC and DV cases go on their own course.

4.    Once both of you feel comfortable to forget past and starts afresh with minor child then withdraw S. 125 CrPC and DV cases and the family will welcome you back in matrimonial home. Involving police at this stage will not help.

Reasoning: Just like domestic electricity should not be used for commercial purposes same way if domestic relationships become sore between spouses conversion becomes necessary and who better to take such journey, the one who carries more burden as in ‘explanations’ to give.  Yours is just one such social case which needs minor conversions in the eyes of society that you keep for a peaceful ending.  

My dear Puneet, donot rely on this old man's advice. :D.

Hire a seasoned lawyer.

You can get residence order in your hubby's place that too with protection order...

These days women make claims on dowry all the time and Judges tend to brush them aside as false allegations unless you have solid proof. If your allegations are true, you can tape the conversation or demand. But right to live in matrimonial house does not require proof of demand for dowry. It is not connected.  If your case is lingering for a long time, you file an application with the trial Court to have it expedited and ruled upon within the next 10 days citing reasons. Let him reject it first. Then go to higher courts. You must be aggressive in the Court to get your case on fast track. Bring your child with you for instance... 

On a different note, you say that you want to live peacefully in your matrimonial house. After filing DV case, that is practically rather difficult. Did your advocate not advise you on this? On the other hand, if they are truly rejecting you because you are unable to comply with their dowry demand, then that is a very sad situation because that breaks the very fabric of a matrimonial relationship and I am not too sure where all this is going to end. Good luck to you. I hope for the child's sake and yours too, that you do get to live with your husband in a healthy surrounding.

You have a right to live in your matrimonial house, nobody can stop you from entering it. You straightaway get into the house along with your kid, see if they indulge in any atrocity to throw you out once again, call the police and get a case registered against them for dowry demand and cruelty against you.

1. Go to your matrimonial house with your baby. Arrange witnesses to video record the outcome,

2. If they throw you out, which is to be video recorded if possible, lodge a police complaint immediately,

3. All those who threw you out will be arrested,

4. If police does not act, file a WP before the High Court against police inaction.

I must admit that the advice given to you by the respected advocates here appear to be BETTER than my soft court-driven approach. But be prepared to answer when they claim that the matter is before the Court.

@all ld members here.........but what will happen in a case where the husband has filed a divorce case? can the wife claim to RTR when divorce is pending? can they live under a single roof? doesnt this make a divorce case weak for the husband, as it might draw a presumption that there is conjugal relationship in existence?