Legal Question in Criminal Law in India

Dear Ujala Vishnoi Madam

I have filed case under Domestic Voilance Act against my Husband in October'2010 in a lower court in UP. The Court Started sending notices to my husband. Some Registered Noticed were delivered to my husband but he not responded to that notices which was sent by the court in this case.Then the Court has given the Ex-Parte Judgement on 9th Feb'2011 on my petition filed on 2nd Feb'2011 under section 19 (E) about our house that it should not to be sold or if it has been already been sold anyhow ( I had come to know from a reliable source that my husband has sold our house on 7th January'2011 to our tanent who hold a shop on the ground floor of our house) not allow anyone to force me to leave the house untill the justice under this case is done .

This order of dated 9th Feb�2011 on our petition of dated 2nd Feb�2011 is still with me which says that this house should not be sold till this judgement is done and if it is already been sold nobody will force me to leave the house till the final judgement of this case.

My husband has put objection on this order ( order dt.9th Feb�2011) Order on dated 4th April�2011 denying that he dont have any relation with me but i have all the evidences in my favour like id and address proof . I am currently 54 and my husband is 62.My Husband is doing all this as he is totally in control of his mistress.

Recently in a civil case of mine with the purchaser (Our Tanent) of this house which i have filed to save my house and cancelling his sale deed ,the court has given the ownership to the purchaser as he has the sale deed copy with him but at the same time taking into consideration of this 9th Feb�2011 Order which is in my favour the court has given the order to keep the situation as it is now.

Just wanted to ask Madam from you that if I can file any petition under domestic Voilance Act so that i can stop this purchaser (Our Tanent who is holding the ground floor shop) to enter our home/shop as I am in fear that we may loose our house as he is a powerful man and he is trying this through every means with the help of my husband. And my husband is just denying our relations as he wants to take this case to much longer. I have a son and daughterin law with me.

I think there is some provision under domestic voilance act that the outsider who is disturbing our life can be punished.

1 .Also wanted to inform you the I have loged complain under Section 323/504/506 of ipc in the local police Station on dated 29th January�2011 against the said purchaser (our Tanent) who tried forcefully to enter our house and done some misbehave with us and did the fighting with us. He quarreled with us and used much abusive languages .

2. I have also filed the FIR under section 494/598A/506 of CRPC on dated 29th December�2010 against my husband and his mistress and this house was sold after one week of filing the FIR. My husband has applied for mediation .After the mediation is unsuccessful he tried for bail under 482, Now yesterday the court has ordered him to surrender within one month if they want bail. .

3. I have also got a maintenance on charge on a plot which has a mobile tower in a separate civil case with my husband which pays Rs.5000/- as monthly Rent to my husband,Can I get a part of this rent.

I think there is some provision under domestic voilance act that the outsider who is disturbing our life can be punished.

Please guide me as I want to save my house at any cost as i am a poor lady whose husband has cheated her.


Asked on 1/13/12, 10:49 pm

1 Answer from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

1.domestic violence act... is dependent on domestic relationship with the respondent.... in your case there is no domestic relation with the respondent /tenant ....so domestic violence act would not be a help in your case..

2.the order u got is itself is a enough....as itself talks to bar anyone till the pendency of the court case...it is also affirmed by the civil court,,, if still something happens u can take criminal action against him...

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Answered on 1/14/12, 4:21 am


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