Right to residence
Brijesh Bajpeyee
(Querist) 10 August 2012
This query is : Resolved
my wife first filed 498-A, 406, 34 against me and my family members total 7 people, we have applied for AB in sessions court and we got after 3 three months she again filed dv 2005 case against me, parents and my married sister out of 7 people to whom she filed 498-A, 406, 34.
In her dv 2005 application she have mentioned all sections and sub sections nothing left. shes very clever lady shes demanded right to residence in her application please let me know she can again enter at my place with court orders as i dont want her back. i dont have any property or house in my name. we have rented flat and thats to in my dad's name. please help me
Adv.R.P.Chugh
(Expert) 10 August 2012
If the flat in your dad's name - is the place where you established your house after marriage - then it becomes the shared household - and she can seek right to stay there, infact she can seek your ouster from that house as well under the Act (as preposterous as it may sound !!). However this right can be easily defeated if the landlord seeks to oust you or your father gives up tenancy and takes up accomodation somewhere.
Nadeem Qureshi
(Expert) 11 August 2012
Dear Querist
According to section 17. Right to reside in a shared household.-
(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.
if this is matrimonial home and share household property then she has right and court may pass an order in her favour.
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