How to stay in matrimonial house with husband, he has thrown me out
21-Oct-2023 (In Family Law)
my husband filed HMOP dovorce case and it got dismissed after 3 years for silly allegations. During the proceeding divorce case he has thrown me out of matrimonial home, it is in his name. now even after dismissial i could not enter in to the house as his wife. now he has let out for rent , deliberately shifting all my valuables and belogings to native. Atleast I wish to reside in the house, I filed complaint to police that house has been rented, shifting all my belonging, he has not co-operated for investigation initially, he filed AB. I filed intervening stating that he has deliberately thrown me out. But police closed the case stating that he is ready to hand over the things. he said that too as an eyewash. I wish to reside either with my husband or atleast in his home. since he has not gone for appeal and I am his wife even now, I dont wish to take DVas a weapon for this.please guide
With the kind of words which you employed in this query, you have already engaged a lawyer and trying to get more information through groups. Without filing domestic violence petition, you cannot reside in shared residence.
You have two choices. 1) you can file a petition before the magistrate of jurisdiction and pray for shelter and maintenance. The magistrate will send summon to your husband and order for shelter. 2) you can file a petition in the court for Restitution of conjugal right. In That case also the court will send notice to your husband. If you have any questions please feel free to contact me.
Yeah if you prefer to live together with your husband then you could file a petition for restitution of conjugal rights before the appropriate family/District Court. If it is not possible and you wanted his asset then you can seek for maintenance from him.
First you lodge a police complaint again stating all facts in detail and also file a maintenance case under section 125 crpc. Since the house is in his name you can't do anything legally. You should have opposed vehemently at the time of letting it out. Further you can proceed HC to quash his AB. Pls contact me if you need further clarification. Thanks
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."