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fighting back (exec)     21 July 2013

In dv case, wife says, threat to her life, but rcr also runn

Dear all,

first of all, let me apologize for starting a new thread for the same query.......i forgot to mention this point in the last query

In the DV case, wife has said under oath, that her life is in grave danger from me and my family members, when she left my rented house in march 2012, she gave a letter in writing to the local police station alleging various mental and physical harrassment from me and my family. intrestingly, the letter bears the address of my parents house, where she never lived during the entire period she was with us, police never called us. 

also, before filing DV in may 2013 mentioning the threat to her life, she filed RCR in november 2012

in DV case she is asking for separate residence and rent, for separate residence, where does she have to stay? in my homestate or her homestate?

now dont these two things contradict each other??



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     16 September 2013

The very word matrimonial home denotes the husband's house, in which the wife is obliged to stay and perform her duties as a dutiful hindu wife as per law;  now to decide about the place of residence again  depends on the circumstances, if you strongly establish your grounds for a residence as per your choice and that the wife is not inclined to join you as suggested without any valid reasons, she loses her grounds for her claims, hence be selective over this issue


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