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Simhan (manager)     19 March 2015

Ddomestiv violence

Experts,

Can anybody explain what is residential rights?   when a wife has filed a DV against her husband can she come and live in the husbands house again with inlaws.  what are the consequences of  such  residential rights.     if the husbands salary is not enough to take a seperate accomodation for wife what will be the position?.  can a DV wife stay in the house again with husband and inlaws?  or whether they will lock a portion of  a room in husbands house and continue living in the place where she was living without husband.

Reg,

Simhan.
 



Learning

 1 Replies

A.Radha Sampath (Advocate)     19 March 2015

Under DVAct, the wife is entitled to claim residential rights under sec 12 from the husband. If the husband is not able to provide her a separate residence for any reason, the court may ask him to provide safe accommodation in the house where he is residing provided that the Judge is satisfied that there is grievance on the part of the wife as she alleged in her complaint. It is the duty of the husband to look after her safety.


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