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Author Topic: RTR  (Read 334 times)

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Offline sudev

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RTR
« on: November 16, 2016, 12:56:59 AM »
Sir
I had filed a divorce against my wife a month ago. My wife now has filed a 498a and domestic violence case against me and my family members.
Can she claim residential right even after me filing a divorce case against her?
We have recordings of her threatening of killing my family and also committing suicide once she comes to my home. This is the reason I dont want to get her home back.
Can the court still give her residential rights even after threatening like above?
Pl guide
Regards
Sudev

Offline sudev

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Re: RTR
« Reply #1 on: December 08, 2016, 09:52:32 PM »
pl guide

Offline advjaibansal

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Re: RTR
« Reply #2 on: December 24, 2016, 12:36:04 AM »
Dear Sir,

Wife has the right of residence from the husband but this right is not in a particular house. If court is granting her the residence rights then you may provide her alternate accommodation. Please file your reply along with recording and transcript and show your apprehension to the court by allowing the wife to reside in the same house.

There are various new judgments that wife's right of residence is not in a particular house but any house, even the house may be rented house.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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