Samir N (General Queries) (Business) 24 March 2016
Your post makes conflicting statements or your husband has made an error by filing an appeal. It appears that the "matrimonial house" you are referring to is not one that gives you any right because it belongs to your in-laws (See the famous judgment of the Supreme Court in Batra vs. Batra). Otherwise the Judge would not have passed an order that your inlaws can file an eviction suit. Your inlaws/husband should have filed an eviction suit and not an appeal. Once they file an eviction suit, you will become homeless so the husband has the duty to provide you residence. Therefore, the judge passed an order that is CORRECT - You should get evicted by your in-laws because you appear to be staying in their residence. And... your husband should provide you accommodation because you are going to get evicted. These two events should occur concurrently. If common sense prevails between you and your husband, the two of you should accept the Judgment - You should agree to move out and he should agree to provide you alternate accommodation. I do not see any way that this judgment can be overturned - It is perfectly in accordance with applicable law. Of course, advocates can mess things up. So, if you can, represent yourself in Court and tell the Sessions Judge that you agree to move out provided that your husband gives you alternate accommodation. Put this in writing before the Session Judge. No need for advocates... Do not raise other irrelevant issues before the Session Judge. .. stick to the issue raised in the appeal.