Legal Advice

Husband not allowed to reside in matrimonial home since 1995

Query

Husband not allowed to reside in matrimonial home since 1995 i.e. one year from the date of marriage. He said the our marriage is solemnised against his will and desire. My in-laws have tried their best to settle our dispute but they failed. No sexual relations have been established between us. I am living with my parents but they are very old and not able to take care of me. In this situation can I approach the court for my rights?

Advice

You have been facing domestic violence from your husband, you have the right to file a case against him. Denying the legally wedded wife the right to reside in her matrimonial home is a form of violence. Even if your husband is not willing to grant a divorce, you are still his legally married wife. Hence, he cannot refuse you to live with him on the basis that marriage was solemnised against his will.

Although the Domestic Violence Act was enacted in 2005, you have been experiencing such difficulties since 1995. According to a Supreme Court ruling in V.D. Bhanot v. Savita Bhanot [(2012) 3 SCC 183], the conduct of both parties before the Act was implemented can be considered when making decisions under Sections 18, 19, and 20 of the Act.

You had lived in your matrimonial home after your marriage for a year, but your husband has not been allowed you to live therein since 1995. The concept of shared household did not exist in 1995 because the DV Act came into force in 2005. However, the Supreme Court held in the V.D. Bhanot case that:

Even if a wife who had previously shared a household was no longer doing so when the Act came into force, she is still entitled to protection under the DV Act, 2005.

V.D. Bhanot vs Savita Bhanot [2012] 3SCC 183

As a result, you are entitled to claim a protection order, a residence order, and monetary relief under Sections 18, 19, and 20 of the DV Act. Additionally, you are entitled to maintenance under Section 125 of the Code of Criminal Procedure. Therefore, you should file a complaint against your husband under Section 12 of the DV Act as soon as possible.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Domestic Violence

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