• Can I live in my matrimonial house if I have an ongoing dowry case

Hi,

I have an on going 498a going on against my husband and in-laws. Keeping this as a excuse, my husband is neither letting me stay with him nor giving me a divorce. My state is really bad.

Can someone plz advice what I can do ? Can I enter my matrimonial house if I have an on going 498a case against them ? If I can't, what could be my next action to enter into my matrimonial house ? Any pittion in the criminal court ? Any other way ?

- Someone who is in urgent need of legal advice
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1)file domestic violence case against husband and in laws 

2) seek right to stay in matrimonial home or alternative accommodation 

3) also seek maintenance from husband 

4) you can in DV case also seek protection order against your husband 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. You have an indefeasible right to reside in the property of your husband as long as you are his wife. Unless and until the court grants divorce you cannot be evicted from it.

2. If your husband is not letting you in then you can file a case for domestic violence to seek the right to reside in the house.

3. You are free to unilaterally file for divorce on the grounds available to you under the law.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
You can use PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT for getting a remedy as per  your query.A woman who is victimized by acts of domestic violence will have the right to obtain the services and assistance of Police Officers, Protection Officers, Service Providers, Shelter Homes and medical establishments as well as the right to simultaneously file her own complaint under Section 498 A of the Indian Penal Code for matrimonial cruelty.

The Domestic Violence Act ‘2005 secures a woman’s right to reside in the matrimonial or shared household even if she has no title or rights in the household. A part of the house can be allotted to her for her personal use. A court can pass a residence order to secure her right of residence in the household.The Supreme Court has ruled in a recent judgment that a wife’s claim for alternative accommodation lie only against her husband and not against her in-laws and that her right to ‘shared household’ would not extend to the self-acquired property of her in-laws.
The court can pass a protection order to prevent the accused from aiding or committing an act of domestic violence, entering the workplace, school or other places frequented by the aggrieved person, establishing any kind of communication with her, alienating any assets used by both parties, causing violence to her relatives or doing any other act specified in the Protection order.
Solution :
Find a local lawyer and file petition under PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT before magistrate court for getting your requirement remedies 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Hi, you have to file a petition under Domestic Violence Act for Residence Order.

2. Suppose if you are not able to live in Matrimonial Home then you can file a petition for maintenance either under Domestic Violence Act or under section 125 of the Criminal Procedure Code.

3. It is the duty of the Husband to maintain his wife and children and if he fail to maintain then you have to approach the court for maintenance.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
File a criminal case against your husband and in laws under the domestic violence act, stating that they are not allowing you to stay, and seek orders from the protection officer/police officer an order to continue to reside in the shared household, whether you have any right, title or beneficial interest in such property.
You may contact a local advocate to help get such orders during pendency of your 498A case or any other cases against your husband and inlaws.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1. You have right of residence but the house must belong to you only.
2. So if this matrimonial home is belonged to your husband then you can enter the house.
3. If they restrain you then you can file case under pwdv act for such relief.
4. If your husband doesn't own any property then court may ask him to give you rent.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
You have full rights as a wife to stay in your matrimonial house.If your husband or his parents object, take the help of police and establish your rights in your matrimonial house.
The DV case in which you seek residential rights can be made to enforce. 
Befoe making a re-entry to your matrimonial house, approach the local police seek their protection and ener into the house with their presence around. 
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
file a domestic violence case against him and claim right to residence, he is bound to provide the residence or alternate accommodation as per section 19 of protection of women from domestic violence act.

contact over the phone after pay the consultation fee which is very nominal.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
You can file a complaint under Domestic Violence Act Under section12, 18,19 and the court might direct you to stay at your matrimonial home. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
You have right to live in the house. If he doesn't allow you to enter in to the matrimonial house, you can file domestic violence case against him. And ask for maintenance.

Also approach family court and seek for restitution of conjugal rights or for divorce and during the oendency of litigation seek residency right and maintainance from him.

Contact any of the Kaanoon lawyers to seek assistance on filing domestic violence case.

Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
1) if your husband is refusing to permit you to stay in matrimonial home file DOmestic violence case and seek right to stay in matrimonial home or seek alternative accommodation 

2) not aware of any law that you cannot stay in your matrimonial home if you have filed 498A case
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Your husband's lawyer may tell anything to frighten you in order to save her client and extort money from him in a more convenient way.
This is not true.  As per law you are still his legally wedded wife and you have every right to stay in your matrimonial home.  Nobody can stop you from entering the house.  If somebody prevents your entry, you may take the help of police to protect you from being prevented or being attacked by such stupid people.  
Why do you want to listen to the opposite lawyer, what about your own lawyer, have you not consulted him/her so far?  Do it immediately.
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
No this is not correct. You can enforce the right to residence through court.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1) in your original query it was not mentioned that your earnings are more than that of your husband 

2) merely because you are earning is no ground to deny you right to stay in your matrimonial home 

3) as long as you are his legal weddedwife you can claim right to stay in matrimonial home 

4) no need to quit your job 

Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
I want to file a domestic violence case and re-enter into my matrimonial house. But my lawyer says, since you are earning and can afford to live a comfortable life from your earnings and also that you have an outstanding dowry case on your in-laws, we cannot get a court order for you to stay in your matrimonial house by a filing a domestic violence case.
Your lawyer is absolutely wrong in his such blatant absurd remarks. This clearly shows his inadequate legal knowledge.  In fact you dont need a court order at all if you have decided to  re-enter into your matrimonial house.  It is your right to be there by the virtue of your marriage with him.  As on date you have not been divorced hence being his wife, nothing will prevent you from staying in that house as that is your matrimonial house. You can even file a domestic violence case seeking residential rights and also protection therein. You may seriously think of changing your lawyer.



Can you all guide me in this regard ? Is there any law or supreme court judgement that I can use to re-enter my matrimonial house even if I am earning ? What are the chances of failure of the domestic violence case ?
You dont need a judgement when the law is very clear about your rights.  Earning or not you cannot be deprived of your rights or entitlement. If there is no divorce and you both are still husband and wife, your entry into that house again cannot be resisted or restricted or objected or obstructed by anyone including the inmates of that house.




My lawyer says I have to quit my well paying job if I need to re-enter my matrimonial house saying I cant support myself, so I want to stay there.
Your lawyer is a stupid person who is misguiding you, you do not have to quit your  job, You terminate the services of your lawyer before he does more damages to you.



My life is getting wasted and I am helpless. I am being blackmailed to take back the dowry case. Please help me to get a court order to stay in my matrimonial house.
Since the dowry case is non compoundable, you cannot withdraw it even if you want to or being pressurized to do so. Hence dont get worried about it keep going ahead with your original plans.
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
Your earnings are a disqualification for you in so far as claiming financial support is concerned, but they do not disqualify you from re-entering your matrimonial home. The dowry case is also not an impediment in claiming the residence in your matrimonial house. You can jolly well continue in your current job and yet re-enter your matrimonial house through a court order.

Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. You can certainly enter in to and stay at your matrimonial house pending 498A complaint even divorce suit till the decree of divorce is granted in your favour,

2. Lodge a police complaint stating that they are not allowing you to enter in to your matrimonial house,

3. Police will accompany you to your matrimonial house to enable you to enter there.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1.No, this theory of your husband's lawyer is incorrect,

2. Act as advised in my earlier post to enter in to your matrimonial house.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Till you are divorced, you  have the right to stay with yiur husband or at the place where your husband normally stays,

2. There is no law which says that an employed wife who filed 48 case can not stay at her matrimonial house,

3. You can certainly enter the said house as advised in my earlier post,

4. You can file the DV case even after entering in to your matrimonial house.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
You need not quit job to file Domestic violence case and seek maintenance. Amount of maintenance will be arrived by the court after considering both of your income and expenses. 
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0

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