I am the second wife seeking residence order. I initiated DV case against him and another criminal complaint of 420,498A,354,376,324 of I.P.C against my in-laws, I want a residence in the matrimonial house but his first divorce is pending. He compelled me by force to sign-up in his divorce case to implicate me that I know his first marriage. He after our marriage want to marry with a third woman so created an account on Jeevansathi matrimonial site and I caught him I have this proof I submit to the court.
He did sexual assault against me after 17 days of interaction and threatened me to do what I said to you. I did sign in up. I give my statement under 164 to the magistrate about this real assault, but his lawyer defence is that I have prior knowledge so I can not get relief of right to residence in the matrimonial house. His wife doesn’t live with him. Please kindly give me advice on how to get the right to residence in my husband house. He has by writing admitted that I am his wife, his family members also in writing admitted that I am their daughter in law before Mahila samupdeshan Kendra, and their fir against me of 380,457, I gave my marriage certificate to the court. Does a woman in domestic nature in strange nature have the right to residence in the matrimonial house?
In this scenario, the first marriage of your husband is still subsisting, which makes your marriage void. Your husband has committed the offence of bigamy. Although the second marriage is also void, you can still claim relief under the Domestic Violence Act.
It is important to note that you cannot claim that your marriage is valid because your husband and in-laws have admitted it. The admission of an interested party does not confer the status of a wife. You were married by a deceitful act of your husband, but not legally married.
However, your husband played a crucial role in the solemnisation of the marriage, so he cannot deny it later on.
In terms of the Domestic Violence Act, you have been living with your husband in a shared household after the marriage. You can prove that he has been committing violence and denying to live with you. Therefore, you can claim a residence order.
As an aggrieved person, you are entitled to the relief available under the DV Act. In the case of Poonam v. Vijay Kumar Jindal, 2015 (4) RCR (Criminal) 300, the P&H High Court held that to grant maintenance under the Domestic Violence Act, only the relationship needs to be approved and the validity of the marriage should not be decided by the Court. Therefore, since you are entitled to claim maintenance under the Domestic Violence Act, you can also claim a residence order.
It is important to note that you are entitled to claim any relief under the DV Act until the competent court passes a decree. In the current situation, your husband and in-laws have committed fraud against you. Therefore, you can file a suit for the declaration of your marriage as null and void. Until the passing of such a decree, you are entitled to demand residence in the shared household.
