shivani (housewife) 02 April 2024

Section 19 dvact appeal in high court.

I had asked for an alternate accomodation under section 19 in dvact while staying at my parents house.later i re entered my matrimonial home and didn't press for section 19 so in the final order of my dvact case section 19 prayer got rejected on the ground that I have not shown any interest of staying in sharedhousehold nor staying on rent. While rent amount is being provided by husband under possession case bcz father in-law wanted the possession of the house back..that civil appeal case is pending on merits but high court asked me to stay on rent in an interim order. Can I challenge section 19 of my dvact in the high court ? Can I make a pleading that i shud be given a right of staying in matrimonial home ? Is thr any chance that high court judge will grant me to stay in matrimonial home under my dvact case ? And if not then will I be awarded rent amount under dvact appeal case in the basis of husband's fresh income affidavit of last 3 years ? If yes then I can always stop taking the rent amount under possession case. Matrimonial home is not a self acquired property of father in-law. It was built by grandfather and thr is no will and partition suit is also pending in high court between father in-law and his sister.my husband definitely has a share being a grandson

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T. Kalaiselvan, Advocate (Advocate) 02 April 2024

Your husband is not having any share in the property which is under dispute between him and his siblings.

It is their father's property hence the share of property that will be allocated to each by a judgement in partition suit will become their self acquired property.

So your husband cannot claim any share in it as a right.

Therefore if your husband is not residing or if he's paying rent for staying in the property, then you cannot claim it as matrimonial home.

If you didn't follow up the relief sought under section 19 of DV act hence it was dismissed by the trial court then you may not become eligible for any relief in the appellate court also even if you prefer an appeal.

You should file a separate case for residence or rent for the accommodation afresh based on the change in the circumstances and it can be filed again in the DV case also.

shivani (housewife) 06 April 2024

T kalaiselvan- ok sir. Thanks a lot for your opinion. You are right that since trial court didn't grant me a relief under section 19 so high court will also not change the order..so i have decided that rather than filing a fresh separate appeal case against sessions order ..I will file a strong reply to my husband's appeal in HC by mentioning in my reply to call for husband's bank statement .his income details etc.. high court shall look into all of that through my reply also..I mean filing a fresh separate case by me will frustrate the high court judge and he will think that I could have give my submissions in his reply also..