latha (office staff) 10 November 2010

dv

DEAR ALL,

PLEASE HELP ME , AS I FILED DV CASE AGAINST HUBBY FOR RESIDENCE ORDER.

MY HUBBY PRESENTLY STAYING IN FIL HOUSE WHICH WAS MY MATRIMONIAL HOUSE.

HE SENT DIVORCE FROM THAT ADDRESS ONLY.

SO, SHALL I GET RESIDENCE ORDER IN THAT PLACE WHERE MY HUBBY IS RESIDING?

WE BOTH STAYED IN SEPERATE HOUSE FOR 1 MONTH AWAY FORM FIL HOUSE BEFORE SEPERATION.

NOW I WANT TO KNOW WHETHER I & MY KID SHALL STAY IN A PLACE WHERE MY HUBBY IS RESIDING? BE IT FIL OR RENTED PLACE.

PLZ HELP ME.

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4 Replies

Arvind Singh Chauhan (advocate) 10 November 2010

Yes.

latha (office staff) 11 November 2010

SIR,

THANKS FOR YOUR REPLY , BUT OTHER SIDE ADVOCATE IS REFERRING TARUN BATRA VS. BATRA'S CASE FOR MY CASE.

THAT MYSELF HAVE NO RIGHTS TO STAY IN THE PLACE OF FIL HOUSE. (WHERE MY HUBBY IS PRESENTLY STAYING NOW)

PLZ CLARIFY ME SIR.

ANY CITATIONS / JUDGEMENTS IN SUPPORT OF MY CASE.PLZ BRING TO MY KNOWLEDGE.

MOREOVER HE IS SAYING THAT BEFORE SEPERATION WE BOTH STAYED IN RENTED HOUSE AWAY FORM FIL HOUSE. , SO HE IS MENTIONING THAT BEFORE SEPREATION WE STAYED IN RENTED HOUSE , SO YOU DONT HAVE RIGHTS TO STAY IN FIL HOUSE EVEN THOUGH YOUR HUBBY IS STAYING THERE.

PLZ CLARIFY ME SIR.

PLZ PLZ PLZ.

Arvind Singh Chauhan (advocate) 11 November 2010

Batra's case also in favour of you because it says-

“ Share house hold” would only mean the house belonging to or taken on rent by husband or the house which belongs to joint family of which husband is member.

latha (office staff) 12 November 2010

SIR,

WHAT YOU SAID IS RIGHT , BUT IN MY CASE , THE MATRIMONIAL HOUSE WHICH WAS NOT BELONG TO MY HUSBAND , ONLY HE IS STAYING THERE.THAT PROPERTY WAS MY FIL'S SELF ACQUIERD PROPERTY , OTHER SIDE ADVOCATE IS SAYING THAT WITHOUT MY FIL'S PERMISSION I HAVE NO RIGHTS TO STAY THERE.

THEN IT WAS NOT THE JOINT PROPERTY WHICH MY HUSBAND WAS A MEMBER.

THEN HOW CAN I FURTHER PROCEED.

PLZ CLARIFY.