• Right of residence under DV act

My wife has filed domestic violence case against me ,wherein she has demanded to live with me .But I do not want to reside with her in any circumstance.The case is filed in mahila court .Can the judge force me to live with my wife ?
Asked 5 years ago in Family Law
Religion: Hindu

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19 Answers

The court may grant her the residence rights in her matrimonial home.

Being your wife she has the right to stay in your house.

There is a provision in DV Act for shared household if the court grants that then she can enter the house.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Your wife is entitled to obtain a residence order.

Under the residence order, the victim has right to reside in the shared house hold. Because, the parties to a marriage are expected to live in a shared household under domestic relationship; hence she can obtain this order.

However, to get this she will have to prove that she was living with you in a shared house hold.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Hi

File a divorce case if still not filed . and do not allow her to live with you if you don't want her to live with you. Then if she forces then request this matter in court on the next date of your DV case hearing.

Court will try to convince you to take her with you , you can deny there in front of Judge Sahab that you donot want to take her with you. That would be sufficient.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can offer her alternative accommodation

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

No couet cna force a husband tolive with his wife.

However of the court is satisfied that the wife has no place of her own to stay then it can direct you to accommodate in the house if owned by you.

if you do not have any house of your own then it may direct you to give rent for the house.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

You may show that you will have some danger if she stays with you.

Also, the court may not force if you are ready to provide her shelter at some other place.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Take the pleathat it is not possible to stay with wife on account of her constant threats

Court will not force you to stay with wife

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Hi, the court cannot pass a forced judgment .. It can only urge to settle the dispute through mediation proceedings

Hemant Chaudhary
Advocate, Gurgaon
4626 Answers
67 Consultations

4.9 on 5.0

If court direct you to accommodate her in the same rented house,you can anyway leave that premises and the court cannot compel you to still stay with her.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

If there are just and sufficient grounds for this request of yours, you may apprise the judge of the same.

You may also file an affidavit to this effect, pointing out your inability to keep her with you.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Respected sir..

As per section 9 of HMA she can file to live with you but if you don't want this mention such circumstances where it is not possible for you to live with her...And a judge can not force you to leave with her ....Sir you can file a divorce petition under section 13-A of HMA and ask her divorce that will be best for you if you don't want to live with her....Then she most probably file maintenance under section 125 of crpc and you have to pay her as per court order

Thanku

Dinesh Sharawat
Advocate, Delhi
1259 Answers
12 Consultations

4.9 on 5.0

Friend

Protection of Women from Domestic Violence Act, 2005, states that any woman has a right to reside in her matrimonial home or shared household, irrespective of whether she has any right, title or interest in the said household or not.

This Act seeks to provide for the rights of women to secure housing. It also provides for the right of a woman to reside in her matrimonial home or shared household, whether or not she has any title or rights in such home or household.

But friend judge cannot force you to live with your wife. Whoever has made the claim in court has to persuade the judge that what they are saying is true. Always be completely honest with the judge and with any officials who you speak to and never lie. There can be very serious consequences if you deliberately lie or even bend the truth.

You can talk to me for further clarification.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
317 Answers
5 Consultations

4.0 on 5.0

File a separate diavorce petition stating all circumstances in your petition. Court will decide on merits.

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

4.3 on 5.0

Sir,

D V Act mainly provides provision for security and Maintenance. In that case you can state before the magistrate your genuine reasons for not staying and in that case it is very likely that separate residential orders can be passed with interim maintenance orders.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

No need to live together, right of residence means not to reside your house, but have to pay rent for alternative accommodation along with others relief such as maintenance allowance, compensation etc.till disposal of the case.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

It may depend on the facts and circumstances of the case. Most of the case court always order for the paying of rent.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Dear Client,

Living with Wife may be order by family court only if wife file application for restitution of conjugal rights,

whereas Under DV Act, she has absolute right to live in shared household / right of residence which u can object beofer the court but of no use.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The court cannot force you to live with her even if she is granted residence right.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

The court càn pass an order for her residence or to pay rent for her accommodation,. You will not be ordered to live with her against your wishes.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

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