Harassment as to shared house hold
BJM_BJM_BJM
(Querist) 06 September 2011
This query is : Resolved
Learned Sirs /Madams ,
The forum has been guiding me with the valuable advices .I request you all to advice me as my case is becoming complicated:
@ My husband(army officer) and me lived in the house provided by army authorities on rent at Ludhiana in the year 2007 where i was thrown out in Sept 2007. I came back to dehradun to my parents. He got transfered to Hyderabad and then to Meerut meanwhile.I kept trying to go back home but I was denied residence there .
@ In Feb 2009 I applied for Residential orders under DV act . In jun 2009 my husband produced expartie divorce decree from vishakapatnam family court who had no jurisdiction over the issue and I was shocked . Meanwhile DV court at dehradun was confused to give me Residential orders and finally giving me interim orders to residential stay with my husband at Meerut cantt house injuly 2010.I went there and stayed there for 3 days .Meanwhile judge got changed and my husband too got posting at Ambala. I literally fought the expartie divorce and it got set aside in 2010.
@ Now even after winning the cancellation of divorce DV court denied me the residential orders as it said that Ambala army house is not mine shared household .
I donot know ---which is my home .? Please tell me that why my husband's house is not my home . All my belongings and stridan is in the house ....my kitchen ...my mandir ....tell me why it is not my house ????????
pls guide ....can i file any writ
or only appeal ---it will agin take my few years .....i feel harrsed at the hands of law ...
Pls guide
Bharti
ajay sethi
(Expert) 06 September 2011
1)it appears that you have been married for 4 years and have hardly stayed with your husband for more than 6 months . it appears your husband is not interested in staying with you . in such a case divorce by mutual consent is best option .when an application for divorce by mutual consent is made terms can be agrred upon . you cna get right to maintenance , alternative accomodation etc from your husband .
2)as far as your query is concerned it appears that your husband is in army and has frequent postings .
3)supreme court interpreted the concept of 'shared household' under Section 17(1) of the Act. It clarified "the wife is only entitled to claim a right of residence in a shared household, and a 'shared household' would mean the house belonging to or taken on rent by the husband or the house which belongs to the joint family of which the husband is a member."
4)Protection from Domestic Violence Act, 2005
seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household
in such a case , the army accomodation alloted to your husband in ambala would not be your shared household as you have not lived together in said place
BJM_BJM_BJM
(Querist) 06 September 2011
Thank u Sethi sir :
But my point is : I stayed for 8 months in the premises provided by army on rent to my husband at Ludhaina .During the pendency of the suit he got transfered to Ambala....and took the similar accomadation at Ambala provided by army on rent
will it not me my house ....
Raj Kumar Makkad
(Expert) 06 September 2011
Yes. The House wherein your husband is residing at any place is your shared household and no authority can deny your right to retain that right. You have no option in the given facts but to file an appeal before Sessions Judge against the impugned order.
Advocate Bhartesh goyal
(Expert) 06 September 2011
Yes,Mr Makkad is right. file an appeal before seeeion judge against the impugned order.
