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What to do if husband files permanent injunction case on us?


23-Sep-2023 (In Divorce Law)
Our divorce case is pending from 4 years. Since then, I and my child is living in my father's house . We want to get back in our matrimonial house but my husband filed a permanent injunction case on us . Please tell what can I do to dismiss this case
Answers (4)

Answer #1
981 votes
You have right of residence in your matrimonial house. For getting the same, appropriate application can be moved before the court. Also permanent injunction can be dismissed on the basis of the right as mentioned. Better can be advised after perusal of the plaint. Feel free to contact Thanks
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Advocate Bhawana Pandey

Adv. Bhawana Pandey

LawRato Delhi | 1000+ Answers
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Answer #2
677 votes
The alternative yet specific relief can be sought from the court designated specifically for PWDV cases(mahila court). if DV case already pending seek an interim relief under section 19 of PWDV act and get the residential order from the court. Once that order is obtained, it will be considered as an evidence under section 43 of IEA and will give you a right to reside in the matrimonial home. Apart from that you also have right to get the alternative accommodation from the PWDV act court. Hence, even after a suit filed against you, your right can be secured.
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Advocate Yuganshu Sharma

Adv. Yuganshu Sharma

LawRatoDelhi | 700+ Answers
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Answer #3
719 votes
Dear Client, it seems that you are not fully aware about your court's proceedings. However, you can application for restitution of conjugal rights before the District Court to have the remedy. Thanks and Regards
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Answer #4
599 votes
Hi. Sorry to hear this. You can file a maintainance case if already not done. Also file an appeal against the injunction in order to get what you want. Also in such cases sometimes it is best to take mutual divorce and settle out take money from the husband and leading a peaceful life. For other details & one on one conversation you can contact us.
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Advocate Vivek Chaudhuri

Adv. Vivek Chaudhuri

LawRatoDelhi | 25+ Answers
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