Legal Question in Family Law in India
Learned Sirs /Madams ,
The forum has been guiding me with the valuable advices .I request you all to advice me as my case is becoming complicated:
@ My husband(army officer) and me lived in the house provided by army authorities on rent at Ludhiana in the year 2007 where i was thrown out in Sept 2007. I came back to dehradun to my parents. He got transfered to Hyderabad and then to Meerut meanwhile.I kept trying to go back home but I was denied residence there .
@ In Feb 2009 I applied for Residential orders under DV act . In jun 2009 my husband produced expartie divorce decree from vishakapatnam family court who had no jurisdiction over the issue and I was shocked . Meanwhile DV court at dehradun was confused to give me Residential orders and finally giving me interim orders to residential stay with my husband at Meerut cantt house injuly 2010.I went there and stayed there for 3 days .Meanwhile judge got changed and my husband too got posting at Ambala. I literally fought the expartie divorce and it got set aside in 2010.
@ Now even after winning the cancellation of divorce DV court denied me the residential orders as it said that Ambala army rented house is not mine shared household as I last resided at Ludhaina army house and not at Ambala.
I donot know ---which is my home .? Please tell me that why my husband's house is not my home . All my belongings and stridan is in the house ....my kitchen ...my mandir ....tell me why it is not my house ????????
pls guide ....can i file any writ
or only appeal ---it will agin take my few years .....i feel harrsed at the hands of law ...
Pls guide
Bharti
1 Answer from Attorneys
you need not file a writ but you can file an appeal against the order of trial court that denied you residence orders. you have a good ground to seek residence orders at ambala. appeal may not take years and it can be decided early provided you and your lawyer be vigilant enough regarding adjournments.
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