In my DV case filed in Nov 2014, I have asked for ancestral flat where my husband had a share. But after dispute started between us, he and my father-in-law gifted it to my Brother in law in August 2014. See citation No. 1 & 2 - Alienation of property
I lived with my in-laws in their self acquired flat before we moved to rental flat. Before we moved to rental flat I had requested my husband that we should together live in the ancestral flat but my husband and his family kept telling me since last 4 years that it was sold so we moved to rental flat. Husband not taking any responsibility. Now I have been living in rental flat since last 3 1/2 years and paying rent from my salary and taking care of myself and my son from my salary. My husband currently lives with his parents and visits us once in a while. See citation No. 1 & 2 - Sec 17 Right to Live - physical presence not required
My lawyer gave following citations to Judge. I will appreciate experts views on this.
1) Madras High Court - P.Babu Venkatesh vs Rani on 25 March, 2008
Husband sold property to Mother after the dispute arose between himself and his wife. The learned Judicial Magistrate No.6, Salem passed the residence order in favor of the wife with respect to this property. The Madras High Court upheld the order passed by the learned Judicial Magistrate No.6, Salem in Crl.M.P. No.5231 of 2007 dated 31.12.2007.
2) Delhi High Court - Preeti Satija vs Raj Kumari And Anr. on 15 January, 2014
Often, sons move out, or transfer properties or ownership rights, or shares in immovable properties, at the hint of trouble or discord with their wives, in favour of their relatives. Likewise, the parents of the husband often in such cases "disown" them after the son moves out from the common or "joint" premises owned by either or both his parents, when there is outbreak of marital discord. Courts have to be cautious in their approach, while entertaining and short circuiting suits for possession, which are in effect directed against the plaintiffs' daughter-in law, or else the right of residence in shared households would be a mere chimera, a teasing illusion which the law grandly promises, but is seldom, if ever, able to enforce.
3) Madras High Court - Vandana Vs. Jayanthi Krishnamachari ( O.A No. 764/2007)
If there is a relationship which has legal sanction, a woman in that relationship gets a right to live in the shared household. Therefore, she would be entitled to protection under Section 17 of the Act, even if she did not live in the shared household at the time of institution of the proceedings or had never lived in the shared household at any point of time in the past.
Though the offer made by the learned counsel for the respondents/defendants to pay a reasonable amount towards rent appears to be fair and reasonable, the right guaranteed under the Protection of Women from Domestic Violence Act, 2005, cannot be negated by such offers, however, reasonable they may be.
