Legal Advice

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

Query

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. 

Advice

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

Advocate

High Court Lucknow

Domestic Violence

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