Domestic violence act
Jolly James 9447287658
(Querist) 30 August 2011
This query is : Resolved
A petition was filed by wife for residence order in shared house U/S 19 of the DVAct. The petitioner was not in possession of the house on the petition date.While the petitioner was away from home husband was lease out the house. Is there any provision to get an order to re enter in the house as per DV Act. I am agreeing that the petitioner has right to reside in the shared house as per section 17 of the Act.My contention is that such a situation the petitioner is only entitled to get an order U/S 19 (f), a rented house. what is your opinion, is it a sustainable contention support me.
adv. rajeev ( rajoo )
(Expert) 30 August 2011
In my opinion she has to claim the relief against the tenent by filing eviction suit. Am I right?
Advocate Bhartesh goyal
(Expert) 30 August 2011
Yes petitioner wife is entitled to get sharehod house and if husband has leased out his house in that situation petitioner is entitled to get either rented house or rent from husband.
M/s. Y-not legal services
(Expert) 30 August 2011
Yes. Am also think so.. The tenant will be protected under lease and rent control act. The wife have to proceed to evict the tenant legally..
Raj Kumar Makkad
(Expert) 30 August 2011
As DV Act empowers trial magistrate to adopt its own way to deal with the case so he may either issue a notice to the lessee to vacate the house or can direct the respondent to offer alternative house in execution to final order.
prabhakar singh
(Expert) 30 August 2011
May as it is an order under s17 could be passed but can not practically be enforced as
accommodation was rented/let out on date of petition as of right as no restrain order against the husband was there passed by any court in favor of wife,hence tenancy lawfully created by husband gave birth to a right in tenant unless one can prove the tenancy barred by some tenancy regulating ACT making the tenant unauthorized occupant, where trial magistrate can ignore the tenancy,otherwise only alternative accommodation order can be passed viewing a third party possessory right created in favor of the tenant.
Raj Kumar Makkad
(Expert) 30 August 2011
Mr. Singh has pointed out some more issues related with the matter in dispute.
Arun Kumar Bhagat
(Expert) 31 August 2011
The Court can not adversely affect the right and interest of innocent tenant. The court can ask the husband to provide alternative accomodation.
Jolly James 9447287658
(Querist) 31 August 2011
Thank you everybody. Has magistrate any power to pass an order of re entry as per DV Act?
prabhakar singh
(Expert) 31 August 2011
NO unless any law empowers him to ignore the tenancy and to treat the tenant as an unauthorized occupant.
Advocate. Arunagiri
(Expert) 31 August 2011
The tenant is a lawful occupant. He can be evicted only by due process of law.
Right of entry is possible only in the matrimonial house. Not into the building owned by the husband and wife.
