Ways to Avoid residence order in domestic violance and 498a
Vk
(Querist) 08 September 2015
This query is : Resolved
Hello experts
Hello experts
query details
WIFE called police left matrimonial house stating that husband beaten or slapped her and miss behaviour with her parents so she is going her parents home with child. She want to action and mlc now. If needed would complaint to caw cell.
Few days later filed complaint in caw cell and few months later filed maintenance-crpc 125.
All r from delhi only
In her complaint she made false allgations like harassment for dowry abuse beating etc with no evidence and mlc.
After more than ayear she filed domestic violance case requiring order under sec 17 18 19 20 22 & 23
Hon MM without listening husband side ordered maintenance as husband is working in service with regular I T R and wife is house wife and child fees and all she writen.
Husband is afraid residence order as she is putting all efforts to harrase and extrot money with support of big criminal lawyer. Matrimonial house where she is also lived many years is on husband name through gift deed by mother few year back.
Query
1 ways to avoid residence order in domestic violance with estimated time in procedure and appeal procedure with reference to Delhi only (for e G should husband and mother cancell gift deed and house goes back on mother name or offer in rent but wife may insist for residence order only or or as suggested by experts This property was purchased by husband father.
2All precautionary measures to be taken
3 When to file divorce as already more than year living seperatly
4 When to file custody for child
5 As Hon judge has ordered maintenance and statement that not selling matrimonial house so instantly without giving time to file reply from husband now what is further procedure as it will give time to reply and arguments or directly pass residence order. What action needed from husband to avoid residence order
And early help needed query details
WIFE called police left matrimonial house stating that husband beaten or slapped her and miss behaviour with her parents so she is going her parents home with child. She want to action and mlc now. If needed would complaint to caw cell.
Few days later filed complaint in caw cell and few months later filed maintenance-crpc 125.
All r from delhi only
In her complaint she made false allgations like harassment for dowry abuse beating etc with no evidence and mlc.
After more than ayear she filed domestic violance case requiring order under sec 17 18 19 20 22 & 23
Hon MM without listening husband side ordered maintenance as husband is working in service with regular I T R and wife is house wife and child fees and all she writen.
Husband is afraid residence order as she is putting all efforts to harrase and extrot money with support of big criminal lawyer. Matrimonial house where she is also lived many years is on husband name through gift deed by mother few year back.
Query
1 ways to avoid residence order in domestic violance with estimated time in procedure and appeal procedure with reference to Delhi only (for e G should husband and mother cancell gift deed and house goes back on mother name or offer in rent but wife may insist for residence order only or or as suggested by experts This property was purchased by husband father.
2All precautionary measures to be taken
3 When to file divorce as already more than year living seperatly
4 When to file custody for child
5 As Hon judge has ordered maintenance and statement that not selling matrimonial house so instantly without giving time to file reply from husband now what is further procedure as it will give time to reply and arguments or directly pass residence order. What action needed from husband to avoid residence order
And early help needed in form of genuine advice protectecting husband interest
R.K Nanda
(Expert) 08 September 2015
query too long.
Guest
(Expert) 08 September 2015
Dates of events are crucial, which you have not mentioned in your long description.
Anyway, have you hired service of a lawyer? If yes, what is his advice on your queries? If not, is there any reason not to hire service of a lawyer in this serious case?
SAINATH DEVALLA
(Expert) 08 September 2015
Maintenance to wife and child has been ordered by MM according to the prevailing circumstances as wife is not employed.U cannot avoid it.
As she is a housewife it is UR responsibility to provide her and the child accommodation either in UR house or in a rental house.
As per section 12 subsection (1) of DV act residence orders have to be honoured.
Restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or
(f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require:
Provided that no order under clause (b) shall be passed against any person who is a woman.
(2) The Magistrate may impose any additional conditions or pass any other direction which he may deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of such aggrieved person.
(3) The Magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence.
(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.
(5) While passing an order under sub-section (1), sub-section (2) or sub-section (3), the court may also pass an order directing the officer-in-charge of the nearest police station to give protection to the aggrieved person or to assist her or the person making an application on her behalf in the implementation of the order.
(6) While making an order under sub-section (1), the Magistrate may impose on the respondent obligations relating to the discharge of rent and other payments, having regard to the financial needs and resources of the parties.
(7) The Magistrate may direct the officer-in-charge of the police station in whose jurisdiction the Magistrate has been approached to assist in the implementation of the protection order.
(8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her stridhan or any other property or valuable security to which she is entitled to.
Rajendra K Goyal
(Expert) 08 September 2015
Agree with the expert SAINATH DEVALLA.
Vk
(Querist) 09 September 2015
Further i have specific query that if husband offers alternative accommodation on rent or rent money can wife still insist on residing in matrimonial house as husband fear for further false case or harresement by wife resulting in to destroying the life of husband and parents.
Vk
(Querist) 09 September 2015
Further Local lawyer is not available and out of town so kindly facing hard ship. Don't know how to deal with situation as local lawyer is absent from the seen in need of hour
