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sonia (NA)     21 January 2011

Domestic violence

Dear Members,

 

Kindly advice,

My maternal uncle divorce case is going on since 1996, he has won the maintenance case against his wife,

they are both are living separately since 1985 , they had a son who is aged 27 and is now in dasna jail  from june 15 as he is charged the section 307 for being gunshot my maternal uncle's niece.

Now that lady is putting all the tantrums to persurize my uncle and today she has sent notice through mahila cell for domestice violence Act 2005, for matrimonial home , which is totally being built up by my uncle.

what is this matrimonial home and is she can ask to come and stay with my uncle even the divorce is going on .

what right she has all the way?

 

Kindly help

Regards,



Learning

 6 Replies

Shubham kumar (Practising Lawyer)     21 January 2011

It means she wants a share to stay in the matrimonial house.

sonia (NA)     21 January 2011

thanks for the reply,

this mean that she can come to stay in matrimonial house even during the divorce is going.

the house is in the name of uncle only and he has taken homeloan in his name

she has not spent a single penny in that

what action should be taken action this

please advice

Tajobsindia (Senior Partner )     21 January 2011

@ Author

Ask your uncle to file Quash of DV Complaint as it is retrospectively filed.
Reasoning: You say in your briefs that since 1985 they are not living in a shared household, so where is the question of residence order she is dreaming about ! ALSO ASK FOR HEAVY COST as one of the prayers in quash petition. The DV Bill was not even in liquid form in mid 80's and it was also those days when it started getting the naming ceremony even in America the mother of DV Act of India so ask your aunt to stop seeing her 'DV = dream violence' episodes like saas bahu serials she may be found of seeing too much.

1 Like

Avnish Kaur (Consultant)     21 January 2011

tajob has a real Phd in dv :)


(Guest)

Haaa!! A professional person  has a real Phd in dv.:P

sonia (NA)     22 January 2011

Dear All,

 

Thanks for the reply,

Could you please elabroate more on this,

As if my uncle sell out the house , actually she want the house and dont want to stay with him ,

like my uncle has taken the DV notice can he sell the house after that .

 

Please give your valuable advice on this ,

Thanks


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