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How to get residential rights in DV case.


24-Apr-2023 (In Divorce Law)
I am DV victim. Now as i filed DV and maintenance case, my lawyer is telling me that i have to file one more case of possession to enter in the house and also need the proofs to show that i was staying in my matrimonial home before 18 nov 2021 because since then i was not allowed to enter the house and i am not staying there. He said DV case is not going to help me enter in my home as it is only take the violence done against me. Only thru the possession case i can enter. And i have to deposite the money as court fees whatever be the value of my materimonial home. I need to know if i can't enter in my matrimonial home only by filing DV case? What are the clauses/ sections and what proofs i have to provide to get into my home.
Answers (4)

Answer #1
855 votes
Sorry to say but you are being misguided by your lawyer because in every DV case there are also residential rights and maintenance rights which are provided to the victim. You can claim your monthly maintenance from your husband and also demand for your residence to live also. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRato Delhi | 1000+ Answers
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Answer #2
978 votes
hello mam as you have been told tht you have not been allowed to enter you mateimonial home as your lawyer has suggested you i do not havecsame openion i think there is no need yo file vfresh case in the same casevthingsccan be managee.
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

LawRatoDelhi | 1000+ Answers
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Answer #3
625 votes
That is a very wrong statement made by your legal professional. The purpose of DV case is only to ensure the rights available with you which are not granted by your husband willingly. hence, you are not required to file any other case. You must have already claimed right or residence under section 17 of PWDV ACT. IF not, file the same and secure the right and enter your matrimonial home.
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Advocate Yuganshu Sharma

Adv. Yuganshu Sharma

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Answer #4
851 votes
no separate case needs to be filed for you to enter your house your lawyer is not informing the correct parameters regarding this. there is no need to file a separate case for possession
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Advocate Kartik Krishan Sood

Adv. Kartik Krishan Sood

LawRatoDelhi | 100+ Answers
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