Want to Live (NA) 03 May 2013
Can a wife get housing Rent under R.T.R in DV act, provided husband has never neglected or refuse to maintain her & still reday to co habitat with her. Husband is publicily & openely as well as warmly welcoming his wife to her matrimony home(RCR also pending filled by husband), but she is refusing to come back & asking for Rent & monthly maintenence(already getting u/s 125 cr.pc)
Tajobsindia (Senior Partner ) 03 May 2013
1. Only if prime facie her allegation stands substance then such award by way of a Protection Order for R-T-R is allowed.
2. However details of S. 125 CrPC (IM) Order also needs to be made part of written r/w Oral Argument denying her R-T-R rights and proceed case to Final argument stage under DV Act.
ashoksrivastava (scientist) 05 May 2013
If you manage to get rcr decree in your favour before any order on RTR is passed then RTR order for separate residence may not be passed against you due to section 36 DV act.
"The Protection Of Women From Domestic Violence Act, 2005, 36. Act not in derogation of any other law.— The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force."
If family court orders couple to stay together magistrate hearing dv case cannot be in derogation of family court by giving wife right to stay separately.
You may need a good lawyer to plead your case.
Tajobs sir is requested to kindly correct me if I am wrong.
regards ASHOK
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