Legal Question in Family Law in India

Re: court order?

consult a local lawyer with details and documents personally

Re: court order?

as per the domestic violence act, the wife has all the rights to seek back her residence of shared household. the husband cannot deny her the right to residence rather its his utmost duty to provide the wife with basic necessities. its a pity that the daughter is suffering from heart ailment and the parents are busy fighting in courts. its a shameful act on the part of parents, whosoever may be at mistake. husband cannot deny the right to residence and if he does so after the orders of the court, it would amount to contempt of court.

Re: court order?

In family matters, it is not always the 'law' that prevails; you need to consider the interests of your family life, your daughter and social structure. you should also weigh the consequences of DVA applications filed by your wife.

NO COURT can compel a husband to take the wife home; if you do not comply with such court order as directing you to permit your wife to live with you, there will be no harm; BUT then the court can DIRECT that the wife shall live in that house and you can be restrained from interfering in her life. There are several other orders that can be passed against you under DVA including your imprisonment for causing 'violence' against your wife;

violence may be - economic, emotional, financial and physical. thus, even if you do not touch your wife physically, you can still be guilty of committing violence against her and be imprisoned.

You will need to choose between going to jail or living happily with your wife and daughter.

The court order should be just an excuse for you to bring her back. In my opinion you should happily accept this order and live peacefully and happily with your family.

Wish you good luck.