Husband denied accessing my matrimonial home. I resided with my husband for a duration of five months in an apartment. The house is registered in the name of my father-in-law, yet my in-laws reside in a different state. I am the individual who invested all of my finances in the interior and household accessories for the house. This decision was made under the understanding that it is my residence, and consequently, I am accountable for its furnishings. I willingly accepted and utilized my entire salary for this purpose.
However, my husband is engaged in an extramarital affair and desires to marry his girlfriend. He is pressuring me to initiate a divorce and is also subjecting me to physical harassment. In response, I have filed for a Domestic Violence Complaint (DVC) seeking a residential order. Unfortunately, I am being denied access to my home, with the explanation that it belongs to my father-in-law. I am in need of assistance; please help me.
Asked form: Uttar Pradesh
Your husband cannot deny accessing your matrimonial home because it is a shared household, and you have right to reside there. In Satish Chandra Ahuja vs Sneha Ahuja [(2021) 1 SCC 414] the Supreme Court has discussed the interpretation of the definition of a “shared household” under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005.
The court addresses whether a shared household is limited to a joint family residence or one in which the husband has a share. The court highlights that the definition includes a household where the aggrieved person has lived in a domestic relationship with the respondent, whether owned or tenanted jointly or individually.
The court emphasizes the permanency of a woman’s residence for security and underscores that the purpose of the legislation is to protect women. It concludes that the Act grants an entitlement to women for the right of residence in a shared household, irrespective of their legal interest in it, in order to fulfill the Act’s purpose of providing effective protection to women victims of domestic violence.
Hence, you’ll certainly obtain a residential order from the court in your DV case. You have initiated a proper case against your husband to regain access to the matrimonial home. In the meantime, you should file a civil suit for an injunction against your husband to prevent the solemnization of a second marriage.
You have evidence to prove that your husband is planning to marry the person with whom he has had an extramarital relationship. Legally married individuals can obtain an injunction order from the court and compel their spouse to refrain from solemnizing a second marriage.
Bigamy is an offense punishable under Section 494 of the Indian Penal Code. If your husband solemnizes a second marriage without obtaining a divorce from his first wife, he commits the offense of bigamy. For more legal help please visit Kanoon India.
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