• Right to residence

Question :-

(1) After Marriage the Wife Mrs. Namrata went to her Sasural and stayed in shared house where she was harassed by cruelty and violence, SO Mrs. Namrata filed case under Provisions of PWDV Act and she was allowed 5000/- as interim Rent which Mrs. Namrata used to pay her maternal uncle where Mrs. Namrata was staying after being deserted by her Husband

(2) The Husband filed Appeal against Interim Order before the District Court but the District Court held that the said house is shared household and hence upheld the decision of Magistrate by saying that Wife has alternate either to Rent or to reside in shared house hold.
 
(3) But later in hope of the mutual Divorce, the wife Mrs. Namrata did not attended dates in DV case and it was disposed off for want of prosecution and the Husband stopped paying Rent.

(4) Thus 18 Months have passed but the Husband did not sign mutual divorce application and also did not pay Rent of Rs. 5000/- Therefore The maternal uncle warned the wife to leave his house and arrange other residence because Mrs. Namrata was not paying rent to him.

Therefore, 

(5) Wife Mrs. Namrata filed application u/s. 125 of CRPC inter alia praying for Rent to which the Husband objected and the said application is pending 

(6) Then, Mrs. Namrata came to know that the Husband is trying to alienate the said share household, hence she filed RCS and on basis of the views of alternate right of District Judge as stated in point no.2 above, she prayed for restraining the Husband to sell the said house, which is also pending 
BUT HER UNCLE IS FORCING HER TO LEAVE HIS HOUSE 

SO CAN MRS. NAMRATA DIRECTLY GO TO THE CONCERNED POLICE STATION WITH WITTEN/ORAL PLEA FOR EXERCISING HER RIGHT TO RESIDENCE IN THE SHARED HOUSEHOLD WITH IMMEDIATE EFFECT UNDER PROTECTION OF LADY PROTECTION OFFICER 

PLEASE GUIDE 
REGARDS
HARIOM
Asked 1 month ago in Family Law
Religion: Hindu

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10 Answers

Since she is legally wedded wife she can go and stayed in the house standing in name of in laws 

 

2) if they refuse approach local police station for assistance 

 

3) if poluce do not help obtain court orders for right to stay in her shared household 

Ajay Sethi
Advocate, Mumbai
81794 Answers
5120 Consultations

5.0 on 5.0

The order of the District Court as claimed is either residence of payment  of 5K towards rent for residence. The order in the alternative, it is your choice, you can choose residence right in shared home or payment  of 5K it is your choice. You can certainly seek police assistance for residence. If the same is refused again approach the District Court for direction to police. Court will issue such direction.

Ravi Shinde
Advocate, Hyderabad
642 Answers
7 Consultations

5.0 on 5.0

Dear/Ma'am

Since the divorce has not been finalized yet; Mrs. Namrata is still a lawfully wedded wife of her husband which gives her the right to stay in the matrimonial house or a right to reside in the shared household. Yes, Mrs. Namrata can go to the police station and file a complaint against the husband and the in-laws for the same. 

The relief granting right to the residence to a married woman under the domestic violence law by a criminal court is 'relevant' and can be considered even in civil proceedings seeking her eviction from the matrimonial home. A civil court can also be approached for exercising her rights. Thank You

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Anik Miu
Advocate, Bangalore
926 Answers
7 Consultations

5.0 on 5.0

The wife cannot approach police for this  because it is a matter to be dealt by the court and not by police.

In the given institution, she can immediately file a DV case seeking residential rights in the shared household.

The disposal of the previous DV case will not bar her or prevent her from filing the proposed current DV case because it is a continuing offence. 

Alternately she can enter into the house and start living their because she is still his legally wedded wife and have rights to reside in the house where he is residing now. 

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

- As per law, wife can claim residential right after filing compliant under the provision of D V Act. 

- Further, she cannot refused to live in the shared household , and if husband or his family members not allowed , then wife can compliant to the police . 

- Further , as the DV petition already dismissed by the court for the said reason , even then she can refiled the said compliant against , as the harassment & cruelties are continued upon her. 

- Further, she having no right to live in the uncles house against his wishes , as that house not come under share household. 

Mohammed Shahzad
Advocate, Delhi
6544 Answers
69 Consultations

5.0 on 5.0

The existing RCS case would be confined to the relief sought therein hence you cannot claim new relief especially the residential rights in that case.

You may file a fresh DV case and seek residential rights in the shared household or rent for an accommodation that may be arranged outside the matrimonial home. 

 

The domestic violence is a continuing offence, hence you can file a fresh domestic violence case on the same cause of action which is continuing long with fresh cause of action, i.e., residential rights. 

It will not be affected by the law of res-judicata.

 

 

The options of approaching police or adding the relief for residential rights in the RCS are ruled out, hence the next best option can be in the form of fresh DV case. 

 

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

Wife should file fresh DV case 

 

2) mention that earlier DV case was filed 

 

3) in alternative amend existing case seek right to stay in said case 

Ajay Sethi
Advocate, Mumbai
81794 Answers
5120 Consultations

5.0 on 5.0

Only a competent curt through the aproriate proceeding can direct a wife to ave her right of residence in the shared household.

The Police can not forcefully plant a person in someone's house suo motu.

Devajyoti Barman
Advocate, Kolkata
22279 Answers
338 Consultations

5.0 on 5.0

Dear sir/ma'am,

 

As per the information provided by you, she will have to file a new domestic violence case, and after the court proceedings begin, the woman shall exert her right for residence. Thank you.

 

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Anik Miu
Advocate, Bangalore
926 Answers
7 Consultations

5.0 on 5.0

- Yes , wife can file DV case against for getting residential right from her husband. 

- If husband refused entry of the wife in the matrimonial home , then wife can approach police , otherwise police has no power to entertain such family issue. 

Mohammed Shahzad
Advocate, Delhi
6544 Answers
69 Consultations

5.0 on 5.0

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