Residence to rights dil dv

Kasyap Ivaturi 29 August 2017

Woman can't claim right over her father-in-laws property.

Varinder Kaur v. Jitender Kumar and Another
(P&H HC Chg.)

S.R.Batra's case (Supreme Court)

1 Like

G.L.N. Prasad (Retired employee.) 29 August 2017

All children share the rights of ancestral property with their father and his sibblings. That means all legal heirs of grandfather have a right, and you have a right in your father's share.. Son's widow is having equal rights. However when son is living, wife can not demand a share in that ancestral property.

However lot of details are required to give any suggestion as Hindu law is a complicated one and requires several facts of relationships.

Sachin (N.A) 29 August 2017

If you are living in same house then your wife can claim right to reside else she cannot

Sachin (N.A) 29 August 2017

Moreover, she need to prove the allegations mentioned in her complaint to get any relief. If NO DV PROVED THEN NO RELIEF

1 Like

victimof bisedlaw (jobless) 29 August 2017

She is residing with me before filing of DV but not after and matter started 7 years ago. In Interim Maintenance order there was no order for right to reside but after long time she again filed the case and also on the orignal case already stayed from high court.

Pl help.

Arunima Saha 29 August 2017

Originally posted by : Sachin
	Moreover, she need to prove the allegations mentioned in her complaint to get any relief. If NO DV PROVED THEN NO RELIEF

If a wife wins a Restitution of Conjugal Rights case after being thrown out of her matrimonial residence, is it proof enough to get relief?

Sachin (N.A) 29 August 2017

Originally posted by : victimof bisedlaw
	She is residing with me before filing of DV but not after and matter started 7 years ago. In Interim Maintenance order there was no order for right to reside but after long time she again filed the case and also on the orignal case already stayed from high court. Pl help.

Right to reside will be decided at the end means at the time of final judgement and As stated above if she fails to prove her allegations then no relief.

Sachin (N.A) 29 August 2017

Originally posted by : Arunima Saha
	Originally posted by : Sachin Moreover, she need to prove the allegations mentioned in her complaint to get any relief. If NO DV PROVED THEN NO RELIEF If a wife wins a Restitution of Conjugal Rights case after being thrown out of her matrimonial residence, is it proof enough to get relief?

Judgement of RCR may be helpful if she wins the RCR but still she has to prove the alleged act of curelty for any relief.

Adv Radhika Mehta (Advocate) 31 August 2017

Originally posted by : victimof bisedlaw

Dear all,

Urgent

Father got house from will by Grand Father, Can wife gets rights to residence in that house. Father has sole rights in house via will.

When you say it was grandfather's property, was it ancestral or self- acquired? If it is ancestral, it becomes HUF property over which the husband also has rights. If not, then the father alone has right and until and unless the wife was staying there all along, she would have no right to reside.

Please share any case law.

Adv Radhika Mehta (Advocate) 31 August 2017

Originally posted by : Arunima Saha

If a wife wins a Restitution of Conjugal Rights case after being thrown out of her matrimonial residence, is it proof enough to get relief?

What is the exact relief that you are seeking? Incase the wife gets an RCR Decree in her favour and the husband dosent allow her entry into the matrimonial home, wife can file execution proceedings under Order 9 Rule 13 in which she can seek attachment of his property.

Arunima Saha 12 September 2017

Originally posted by : Adv Radhika Mehta

Originally posted by : Arunima Saha

Incase the wife gets an RCR Decree in her favour and the husband dosent allow her entry into the matrimonial home, wife can file execution proceedings under Order 9 Rule 13 in which she can seek attachment of his property.

U mean Order 9 Rule 13 of Domestic Violence Act? In that case the wife needs to file for DV case all over again and this new case will drag for another 6-7 years in court, right? Besides, can the wife get any relief if the matrimonial residence/shared household is owned by the father-in-law and the husband is unemployed?

Sachin (N.A) 12 September 2017

Originally posted by : Arunima Saha
	Originally posted by : Adv Radhika Mehta Originally posted by : Arunima Saha Incase the wife gets an RCR Decree in her favour and the husband dosent allow her entry into the matrimonial home, wife can file execution proceedings under Order 9 Rule 13 in which she can seek attachment of his property.