SHARED HOUSEHOLD IN DV-- Complications
BJM_BJM_BJM
(Querist) 19 December 2010
This query is : Resolved
Learned Members ,
Pls update with the latest citations in the related case and Pls post your guidance .I need it badly .
Facts of the case :
@ In Sept 2007 I last resided at army premises at Ludhiana,where I was badly beated and was turned out .
@In Feb 2009 I filed for Residential orders under DV.I was duly provided the interim orders at Meerut where my husband was posted in June 2010.I went there and stayed there for 3 days .
@Now in the final Judgement I have been denied Residential orders under the context that my husband has been transfered to Ambala and Army Family accomadation cannot be considered as shared household as my husband will be transferred again and again to different places.
@I have also been denied the residential orders at VISHAKAPATNAM wihch is the house of my husband .
Pls tell that I deserve residentail orders from court or not .PLs guide .
Regards
BHarti
Y V Vishweshwar Rao
(Expert) 19 December 2010
The Residential Order may be in Shared House or according to the Circumstances of each case , there may be alternative Accommodation order or for Rent for accommodation.
s.subramanian
(Expert) 19 December 2010
I support the view of Mr.Rao.
BJM_BJM_BJM
(Querist) 19 December 2010
Dear Sirs,
The clear Answer is not yet projected.I n the circumstances demonstrated above due I legally Qualify for residential orders ?
If yes which is my residence ?
Regards
Bharti
Arun Kumar Bhagat
(Expert) 19 December 2010
You are entitled for alternative accomdation since the husband's job and residence is transferable. See the following Judgments :
"A Hindu wife is entitled to be maintained by her husband. She is entitled to remain under his roof and protection. She is also entitled to separate residence if by reason of the husband's conduct or by his refusal to maintain her in his own place of residence or for other just cause she is compelled to live apart from him. Right to residence is a part and parcel of wife's right to maintenance."
---------B.P.Achala Anand -Vs- S.Appi Reddy & Another(2005) 3 SCC 313.
"....in the alternative husband Ramzan Khan is directed to secure same level of alternate accomodation for Shahnaz Khan & Others 2008(4) MPHT 413:MANU/MP/0292/2008.
Y V Vishweshwar Rao
(Expert) 19 December 2010
On Husbands House at Vizag the Residential orders have to be passed . The reasons for denial of Residential orders on Husbands house at Vizag -are to be considered !
Pritam Saini, Advocate
(Expert) 20 December 2010
and as per Act court can change its order if there is changing in the circumstances
