Before addressing the specific query, we must not say that the law is incorrect or biased to women. Some women mught be harassing and misuing the law. But there are still many houses where women are treated worse than animals , especially in the sub0urban and ruyral areas. These laws are necessary for protection of women who are harassed for dowry and other ancillay purposes. I know the laws are being misused but that is not a reason to disregard the sanctity to the same.
The said law is not violative of article 14 of the constitution as article 14 is subject to exception of article 15(3) which empowers the state to make special laws to protect the women and children of the society.
As far as this case goes, you need to convince the court as toi the fact that the domestic order is being sought to harass you, Why was your wife sleeping all this while? WHy suddenly after four years??? And anyway as per law she does not need a domestic order to stay in a house of which she is alreadsy joint owner as you stated. Howevber probably her laweyer doesnt know that.
ANyway file a reply statingf thast she has suffiuciebnt means of accomodation to stay in Bangalore and that there is no reason why she should be permitted to stay in bombay. Remember while passing a domestic order, court cannot disregard the other occupants of the house as well. Your parents will be harasssed if she is allowed to enter. Fight and oppose the applciation strongly.
Augustine Chatterjee
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