Legal Advice

Legal remedy for forced eviction from matrimonial home and violation of conjugal rights


My husband wants to marry another woman. Therefore, he has been trying to evict me and my son from the matrimonial home. Our matrimonial acrimony and discord has been growing day by day. Finally he evicted me from his home and refused to maintain it. Then I filed a case for the restitution of conjugal rights. That civil suit is decreed in my favour. The court directed my husband to allow the plaintiff to live with him in the matrimonial relationship. My husband refused to obey the order of the family court and filed a criminal case against me. Then I again approached the court for the execution of its order. Thereafter, my husband locked the house and went to another city and living in a rental house. Two years have gone and I am not able to live with my husband. 


You can file a complaint under the Domestic Violence Act (DV Act), as your husband has committed an offence by not allowing you to live with him even after the court’s decree. He has subjected you to mental and economic abuse, which is an offence under the DV Act. 

As per the Domestic Violence Act, you have the right to reside with your husband and access his resources, including his house, vehicle, property, and money. Therefore, you should file a complaint under Section 12 of the DV Act.

In the meantime you should approach the family court to forcefully execute its order. The court may direct the officer in charge of the concerned police station to break the lock and ensure your entry in that house.

Since your husband did not file an appeal against the order passed by the family court in the restitution of conjugal rights case, therefore, the order is still in force. In this situation the family court shall execute its decree by force.

Shivendra Pratap Singh


High Court Lucknow

Latest Advice

Father can transfer entire property to grandmother

My age is 16 and I’m the only son. My mother died 3 years back and so now my father is going to re-marry. It’s a very tough situation, my father says that he’ll give the entire property and assets to my grandmother and then she’ll give all that to me when I’m old enough. Everything we own is ancestral property but then there is also assets like gold or silver. So is there any chance that my stepmother can acquire all that and push me out. I’m scared please answer.

Tenant has made substantial changes in premises without permission of landlord

I am writing to seek your professional advice regarding a situation I am facing with my tenant. Over the past three years, my tenant has not paid rent, and I am concerned about the legal steps I can take to address this issue. Can I terminate the rent agreement based on this non-payment?

Additionally, I recently discovered that the tenant has undertaken significant alterations to the property without my knowledge or consent. This includes filling a large cavity, which seems to have resulted from his negligence. He has also installed an extra bathroom, toilet, and kitchen on the premises without obtaining proper authorization. It appears that he neglected to properly fill the trenches used to lay sewerage and water lines, leading to structural damage such as cracks in the walls and ceiling. He has written that he has spent on filling up the cavity but has not given details of expenses. However, he is trying to link it with non-payment of rent.

Given these circumstances, the tenant is now requesting extensive repairs to the property. I would like to mention that the tenant is 90 years old, and all of his sons have their own residences. It seems that he intends for his grandson to continue residing in the property as a tenant.

I would greatly appreciate your guidance on the legal options available to me in this situation. Your expertise and advice will be invaluable in helping me navigate this complex matter.

Thank you for your time and consideration. I look forward to hearing from you at your earliest convenience.

P.S. How can I send the rent agreement cum compromise?

NOC from government for taking admission in foreign university

I am a govt servant and currently in a process of making applications to numerous foreign universities  for a PhD program.  I asked my organization for a general NOC applicable to all universities. They denied and asked me to mention the name of the university to which I am applying.  As currently I am in a process of making applications and my admission is not yet confirmed. I cannot mention a list of 10-50 universities in my application.  Kindly help me write an appeal / application for issuance of a general NOC.