Legal Question in Family Law in India
Hi,
can a first class metrolpolitan magistrate has the power to think belond law and to give judgement?
Ex: As per DV act 2005 i have residential rights to live in shared house hold. Magistrate ordered me and my hubby to attend one councelling session since i said i want to save my marriage in court. But he did not attend the counselling session and said he is not interested at all. Now can the magistrate give judgement against me (saying i cannot enter my shared house hold) in this case sicne my husband is notready to take me back in to his house keeping my safety in concern or he has to go by law and to pass a residentail order?
1 Answer from Attorneys
your conciliation meeting has nothing to do with the judgment on merits. you may plead residence orders in a shared household but if your husband is not staying in that house and the house is not in the name of your husband, you may not get orders of shared household rather you may get orders for a rented accommodation.
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