Divorce against dv

Victor (Querist) 30 September 2011 This query is : Resolved
Husband petitioned OP in family court & is still looking for wife to appear since 2 years. Judge asked fresh order.

Wife fresh complaint in DV looking for residence order in Magistrate court.

Can Magistrate grant the orders in favour of wife?

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ajay sethi (Expert) 30 September 2011
under DV act wife is entitled to right of residence in shared household .

prabhakar singh (Expert) 30 September 2011
Can Magistrate grant the orders in favour of wife?
Answer:
Yes he is empowered to do so.

Sankaranarayanan (Expert) 30 September 2011
yes ,i do agreed with both expert's opinion

Guest (Expert) 30 September 2011
I agree with experts.

Shastri J.K. (Expert) 30 September 2011
I also agree with experts.

Shailesh Kumar Shah (Expert) 30 September 2011
No Scope to differ........ as advised by experts.

Shonee Kapoor (Expert) 30 September 2011
Hmmm, the experts are right.

However, come to think of it, how can you use the same to your advantage?

Get notice served on her in DV court.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Chanchal Nag Chowdhury (Expert) 02 October 2011
Depends on the facts & circumstances of the case.

Adv Aileen Marques (Expert) 02 October 2011

Has the wife accepted the summons in the Family Court case? If she has accepted the summons and still remains absent, then you could ask the judge to proceed ex-parte against her.

If she has not accepted the Summons, with the permission of the Family Court, you can serve the summons in the DV case.

The Magistrate is empowered to pass residence orders in favour of your wife in the DV case. However if you put your case strongly and convince the judge that the wife does not have to depend on you for residence, the order may not go in her favour. It depends on the facts and circumstances of your case.

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