(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.
(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
Asked 1 month ago in Family Law
Whether the 'Right to Residence' can be prayed in RCS which has already been filed for injunction and declaration with only prayer for restraining the defendants to not to alienate the shared household
The said DV case was disposed off before 02 years for want of prosecution But the DV is still continuing so whether re-filling of DV case for the same cause is allowed or not ?
By giving reference of old DV case can wife refile DV case with prayer therein for Right to Residence
which is preferable whether first going to Police and if Police refuse then to go to Court in RCS or in DV case
Or directly going for prayer in RCS as above or refilling of DV Case.
Asked 1 month ago