Legal Question in Family Law in India

Thanking you very much Gupta Sir for your prompt reply.Please also throw some light on "legal definition of "matrimonial home".

I also request other learned advocates on this forum to guide me.

With regards, thanks

Dear sir,

I am Hindu,Basically from Delhi ,probationary officer in state bank of india posted at Gujarat. I married to a Hindu girl who also hails from Delhi according to hindu social custom and rights without taking a single penny as dowry.She is also employed in a public sector undertaking IN DELHI. Five months have already been elapsed,but she is not residing with me at gujarat.She says either you quit your job or take long leave to reside with me if you want.

she is living in her parent's house.

Her parents are also supporting her.

She also says that i will neither quit the job nor stay with you at Gujarat.

Sir,

I sent a legal notice through advocate requesting her to join matrimonial home with me at gujarat.But she replied in a very negative way imposing baseles allegations on me and also denied to join me in gujarat.She says she may join her in-laws home in delhi.

Her parents are demanding Rs.10 lakhs to settle the matter i.e. for mutual divorce but they want the money in their home but not in court.

Sir , My father phoned my father in-law several times to come to court and settle the matter and amount be justified, but he straight away refused.

Now,My wife is threating me and my family to file all false cases i.e. 498a , 406 etc. against us.

Sir ,Please advise me urgently and also tell me the LEGAL DEFINITION OF MATRIMONIAL HOME because she says the COURT will decide the definition of "MATRIMONILA HOME".


Asked on 6/02/10, 3:37 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in the instant case, your home at gujrat is her matrimonial home and not your parental home in delhi. she cannot claim residence rights under domestic violence act to stay with your parents once you inform the court that you are staying in gujrat. better defend your case efficiently.

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Answered on 6/02/10, 10:32 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

She may be required to join you at the place of your posting. However, she may be entitled to pursue her legal remedies like 498-A/406 case at the place of marriage or even her own residence.

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Answered on 6/03/10, 6:48 am


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