Legal Question in Family Law in India
Hi,
I have filed For DVA In Chennai court. Its under process . Summon has been issued to appear before court for my husband and other respondents. Warrant too issued sincethey didn't appear.. Next day they came to court and recalled the warrant against them . In meantime i have received a letter from their advocate stating they have filed in Chennai highcourt seeking disposal of my DVA stating that i have never stayed together with him in his chennai house during our vacation from USA. also stating that his house in Chennai is his fathers house and i should not be allowed to stay in his house. actually the house was built after the marriage from my husband income. i think he has registerd the house under his fathers name.
how do i counter file for not to dispose and my right of residence in the household.
3 Answers from Attorneys
even though the house stands in the name of father in law, still u have the right to stay in the shared household. the right to residence is a fundamental right and the house at chennai is your matrimonial home as the boy is residing in US. ask your lawyer to press for residence orders.
This query answer will depend entirely on facts of your case. The date/place of marriage and house of first living together and subsequent living together in USA etc will all be material.
If the Advocate letter mentions the case number fine, otherwise there is a process to know when the case is actually filed.In such a case you will be a party and therefore you can awiat the summons of the High Court to do the needful.
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If you have already engaged a lawyer to conduct your case, you may follow his advice. If not, it may be better to engage a lawyer.
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