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Author Topic: Abusive husband wants to throw me out of house  (Read 3864 times)

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Offline Deepmallya_Mitra

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Abusive husband wants to throw me out of house
« on: November 10, 2013, 07:34:56 PM »
My abusive husband wants to throw me out of house, I have no where to go, as my parents are no more, please help me is there any law that protects me from not being thrown out of the house

Offline tapsash

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Re: Abusive husband wants to throw me out of house
« Reply #1 on: November 10, 2013, 07:43:08 PM »
Yes as par DV act under section 17 you have a Right to reside in a shared household.

the section states that "every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same"

It further states "The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law"
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Offline advuma

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Re: Abusive husband wants to throw me out of house
« Reply #2 on: November 11, 2013, 01:47:57 AM »
As a legally wedded wife your husband is duty bound to allow you the right to residence. He cannot throw you out. Report the matter to protection officer as par dv act
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline NRI LEGAL CONSULTING

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Re: Abusive husband wants to throw me out of house
« Reply #3 on: November 22, 2013, 10:12:16 PM »
Dear Mam,
  You should file a case of Domestic Violence  against your husband.

Thanks
« Last Edit: January 29, 2014, 08:58:25 AM by admin »

Offline Advokaterajiv

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Re: Abusive husband wants to throw me out of house
« Reply #4 on: November 25, 2013, 02:51:34 AM »
Dear Deepmallya,

The wife in a marriage has a right to residence which is to be honoured by the husband at all times. Throwing a wife or threatening to throw her out of the house would amount to cruelty. As has been mentioned in a previous comment, Section 17 of the The Protection of Women from Domestic Violence Act, 2005 every woman in a domestic relationship (here marital) shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. The aggrieved person (here wife) shall not be evicted or excluded from the shared household or any part of it by the respondent (here husband) save in accordance with the procedure established by law.

In the case of Ranjit Kaur vs. Harmohinder Singh, the Honíble Supreme Court has held that A Hindu woman cannot be evicted out of the matrimonial home after divorce except through procedure established by law, as there is no provision for her automatic eviction. And since, in your case even the divorce hasnít taken place it is the duty of the husband to provide you home.

The Supreme Court has further opined in the case of Kavita Chaudhari v. Evneet Singh that the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. So, in case the house you are living in belongs to your husband or the joint family or if it has been taken on rent by your husband, you cannot be evicted from the same.


Regards,
Adv. Rajiv Malhotra
« Last Edit: January 29, 2014, 08:58:42 AM by admin »

Offline advabdul

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Re: Abusive husband wants to throw me out of house
« Reply #5 on: November 25, 2013, 03:29:30 AM »
Advokaterajiv, has give very good advice i agree with it
Advocate Abdul
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Offline sainiajeet123@yahoo.co.in

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Re: Abusive husband wants to throw me out of house
« Reply #6 on: November 08, 2014, 11:58:53 PM »
Just want ti ask if parent given public notice in newspaper that they have debarred and disowned(bedakhal)their son & his wife from their movabke and immovable property then can lady has right to enter or live in husband parents property they did this because their son & his wife always fight & wife used to give threat to all that she will commit suicide and will left suicide note that they all r responsible for the same

Offline k bhupathi reddy

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Re: Abusive husband wants to throw me out of house
« Reply #7 on: March 20, 2015, 09:00:05 PM »
respected sir.,
  i am mca student my sister harassed by her husband and his mother regularly she is not able to
come here. daily he is beating, scolding her and about my family in front of her.,
   please tell me how can i proceed., because i am from below middle class person


 

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