Can i get residence order in my husband home with Domestic violence
3 years ago
Hi Team, my husband, mother in law, sister in law tortured me and sent me out of the home when i was 2 months pregnanct,after that i tried to patch up with my husband but my mother in law and sister in law didnot allow me to compromise,i have applied Domestic violence case for the right to a residence order, monetary order for my son. i want to stay in my husband's house only. can i get the order? In courtwhat if he declines to accept me to stay in his house. please clarify.
DEEPAK KUMAR SWAIN
Responded 3 years ago
A.Yes ofcourse you can get it from the order of the court
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A.Dear Madam,
Yes, You can get residence order if you file domestic violence case.
Yes, You can get residence order if you file domestic violence case.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.you already filed Domestic violence case for the right to a residence order, monetary order for my son.
That means you are earning because you not applied monetary order for yourself.
your salary also comes into picture.
You have right to stay in same house but he can deny to take you and give alternate rental accommodation which you dont want. You ask for mediation from court where a counsellor will try to help you.
So you have to take decision of your life after that.
That means you are earning because you not applied monetary order for yourself.
your salary also comes into picture.
You have right to stay in same house but he can deny to take you and give alternate rental accommodation which you dont want. You ask for mediation from court where a counsellor will try to help you.
So you have to take decision of your life after that.
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Sidhaarth
Responded 3 years ago
A.Yes. Since it was your matrimonial home hence you have right to live in your matrimonial house. File complaint under domestic violence under domestic violence Act and also seek residence in your matrimonial house beside maintenance for yourself and your child.
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Sital Dadhich
Responded 3 years ago
A.Yes to can get residential order for u and yourself.
there
1.Apart from this ask for maintenance and protection order.
A Domestic violence case provides with total 5 orders in favour of women. Kindly apply them in your petition.
U have an absolute right to stay at your husband house which no one can take from you. So go and stay there
2. Secondly if your husband is not trying to live with u apply for Restitution of conjugal rights under hindi marriage Act if u r a hindu, where court will compel him to stay with u.
there
1.Apart from this ask for maintenance and protection order.
A Domestic violence case provides with total 5 orders in favour of women. Kindly apply them in your petition.
U have an absolute right to stay at your husband house which no one can take from you. So go and stay there
2. Secondly if your husband is not trying to live with u apply for Restitution of conjugal rights under hindi marriage Act if u r a hindu, where court will compel him to stay with u.
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Vishwajeeth Yogeshwara Krishnamurthy
Responded 3 years ago
A.You can get residential order even in your matrimonial house. if you dont have problem living there.
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A.As this is a case of Domestic violence the question of going and staying in the same house does not arise as they will continue torturing you. if he declines to accept you to stay in his house then you may file a partition suit and claim for one time settlement and proceed for divorce.
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ADV. ANISH PALKAR (High Court)
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ADV. ANISH PALKAR (High Court)
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi.
Since a legal case has already been filed with the court, the court will make a decision based on the situation, conditions, and seriousness of the crime. As a result, we are unable to predict the Court's decision. However, your husband is responsible for the maintenance of you and your child. The Supreme court had recent pointed out in a judgment, that allows the women fighting domestic violence cases with the right to reside in the ‘shared household’ even if her husband had no legal right to the house and the same was owned by the father-in-law or mother-in-law. Thus if your lawyer can portray your case properly to the judgement, the decision may be in your favor.
Since a legal case has already been filed with the court, the court will make a decision based on the situation, conditions, and seriousness of the crime. As a result, we are unable to predict the Court's decision. However, your husband is responsible for the maintenance of you and your child. The Supreme court had recent pointed out in a judgment, that allows the women fighting domestic violence cases with the right to reside in the ‘shared household’ even if her husband had no legal right to the house and the same was owned by the father-in-law or mother-in-law. Thus if your lawyer can portray your case properly to the judgement, the decision may be in your favor.
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Madhura Akolkar
Responded 3 years ago
A.Hi
You have a right to stay there. And this is your husband s responsibility to give you alternate stay.
You have a right to stay there. And this is your husband s responsibility to give you alternate stay.
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A.Hi.
As the legal proceeding had already been filed in the court, depending on the situation, circumstances, and the gravity of the offense, the court will decide accordingly. Thus we can't predict the Court's decision. However, your husband is bound for the maintenance of you and your child. Along with it, there had been a recent Supreme court judgment which allows the women fighting domestic violence cases the right to reside in the ‘shared household’ even if her husband had no legal right to the house and the same was owned by the father-in-law or mother-in-law.
Therefore you may reside in your husband's house only, as a result, his denial cannot be easy. However again it depends on the lawyer who is handling your case, as to how he puts the facts and the law together for you to get the order in your favour.
As the legal proceeding had already been filed in the court, depending on the situation, circumstances, and the gravity of the offense, the court will decide accordingly. Thus we can't predict the Court's decision. However, your husband is bound for the maintenance of you and your child. Along with it, there had been a recent Supreme court judgment which allows the women fighting domestic violence cases the right to reside in the ‘shared household’ even if her husband had no legal right to the house and the same was owned by the father-in-law or mother-in-law.
Therefore you may reside in your husband's house only, as a result, his denial cannot be easy. However again it depends on the lawyer who is handling your case, as to how he puts the facts and the law together for you to get the order in your favour.
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MOHIT ADARSH
Responded 3 years ago
A.In reply to your query regarding residence order, this is my legal opinion that you have statutory/legal right under domestic violence provisions to obtain residence order against your husband, to protect yourself as well as your minor children. You can obtain the same order in respect of your matrimonial home i.e
The home of your husband. The court will pass the order if you satisfy the court that there is an immediate danger to your life and persons connected with you. Please give me rating if I solved your query.
The home of your husband. The court will pass the order if you satisfy the court that there is an immediate danger to your life and persons connected with you. Please give me rating if I solved your query.
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