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Quote11.04.2011 04:490 people like thisLike

Dear All,

Plz answer to my query.

my husband filed divorce case & its running for 3 yrs.

i filed dv against hubby for residence order ^ its almost ruuning for 2 1/2 yrs & its on argument stage.

at this stage my case bundle was miised by court persons for the last 1 month they are able to found out that , so without case bundle MM said that iam very sorry , iam not able to hear u without case details,so she is giving dates for the last 1 month.

at this stage if the file was not found me what will be the next step by court or me?

 atpresent my hubby staying with his parents at FIL house,shall i now go & stay with my hubby along with my kid?

or i have to wait for the court order , bcoz divorce was still in trial.

DIl have no rights to stay in IN-LAWS house means my hubby is residing there only , then where should i go?

plz friends & learned councels plz answer to my query for the sake of my life.

Quote11.04.2011 07:510 people like thisLike

first of all do u also want divorce?
you have filed domestic violence is a genuine case or you just filed it as a counter measure of your husband filing divorce

Adv.Choudhury (Delhi & NCR) contact me at Ph no: 9873628941
Quote12.04.2011 03:330 people like thisLike



i didnt filed it as a counter blast.

i really want my husband.plz help me.

Quote12.04.2011 09:300 people like thisLike

Kindly ask the MM what are you supposed to do when the file is missing

is it your job to do  official work and get involved in court work

it is an internal matter of the court


Quote22.04.2011 20:300 people like thisLike

Dear Klatha,


Please request the court by filing an application for reconstruction of file. There is specific provision in such cases. Your lawyer must be knowing about this.


This is the only way out. You have asked for residence order along with husband in the said case then wait for the order of the court.


However, you can also go and reside in the house with your husband and in-laws if they stop you then call the police by dailing 100 number.





Jai Bansal

Chamber No. 105

New Lawyers Chamber,

Supreme Court of India

New Delhi – 110001

Mobile: 09868566649


Quote25.04.2011 01:510 people like thisLike


Thanks for your reply.

Ji,shall i have rights to stay with my hubby  even my hubby staying in FIL house , saying that i have no rights to stay in in-laws house by using batra case.

can you plz send me any judgement in support of my case.

Quote25.04.2011 21:170 people like thisLike



There are numerous judgements on this topic. Please tell your lawyer to do some research on this topic. Please enter inside your matrimonial home as your husband is also residing with his parents. Taruna Batra case is of not help to the husband under the circumstances.




Jai Bansal, Advocate
Chamber No. 105,
New Lawyers Chamber,
Supreme Court of India,
New Delhi - 110001
Ph:- 09868566649
Residence Ph: 011 45644812
Quote26.04.2011 06:000 people like thisLike

Thanks for your reply JI,

your reply giving me some relief.

please , if possible can you send me some judgement in support of my case (as wife can stay with husband even if husband reside in  FIl house)

plz help me ji.

Quote26.04.2011 21:260 people like thisLike

you dont need any judgement as its your matrimonial home and you can enter and reside in that house anytime.  If any problem comes then do not hesitate to call the police.



Quote27.04.2011 03:360 people like thisLike
what you are saying is right,but MM is asking for any judgement in support of my case.
as the house where my hubby staying if FIL own self acquired property
so, other side advo sayings is without my FIL consent myself  along with my kid i cant able to stay there even my hubby resides they are offering me a separate accomodation or willing to pay rent.
but I need to stay with my hubby along with my kid.

that's why iam asking for some judgement in support of my case.



plz help me ji.

Quote03.05.2011 11:330 people like thisLike



Even if the case file has gone missing, your goal has not gone missing. You can use the same in the divorce case. File the application u/s 23A HMA for the alternative releif of RCR and state that since last 2.5 years you have been fighting for the DV case of residence order. This means that either your husband will get the divorce or you will get the RCR decree. If the RCR decree is in your favour, then you can go home at anytime with your kid.

Regards, Hardik Mehta
Quote25.05.2011 07:290 people like thisLike


By God's grace i got my missed case bundle .iam so happy friends

today we had hearing in dv case  & it was the date of jugement , but dont know why MM had given another date for judgement.

if i asked for office Asst,he is saying that she kept my case bundle in her home for reading.


why judges are giving this much hearing dates for judgement.will the other side use this time for making any petition in high court , is there any provisions to use this time for putting the judgement to stop till some more time Ji?


if i got residence order means, on the same date of hearing the judgement shall i go with my kid to my hubby's place for to stay there or i have t wait till 30 days of appeal time ji?

how long time i have to wait for getting inside my hubby's place after hearing the judgement ji?

please make me clear , why iam asking is other side advo said to my advo that if he loss the case in MM court means will go & see in appeal or revision.

till the appeal or revision period whether i have to wait or after on immediate hearing of the judgement shll i go & stay Ji?

please Jai bansal Ji & Hardkim Ji & all other learned advocates & friends please advice me in the issue.

Quote26.05.2011 10:280 people like thisLike



Since your husband has filed the divorce, and after that you have filed the DV case, then it is likely that you may not get the residence orders till the divorce case is over. Moreover, getting the residence order during the divorce may not be effective since the status of the family court is higher than that of MM court. Even if you get the order, enforcement would be difficult. Once you receive the order, you need to file for the execution of order and after that you can go home. But you also need to see how this is going to affect the current divorce case.

Regards, Hardik Mehta
Quote03.06.2011 02:300 people like thisLike

Hardkim Ji,

Even divorced wife get residence order where husband resides even though that was not owned by him , iam not a divorcee & moreover our kid has all rights to stay with his father , then why cant i get residence order JI,

can you plz clarify  my doubt ji?

Jaibansal ji,

need ur advice here.plz

Quote03.06.2011 04:190 people like thisLike



I agree that you are not the divorcee, but the divorce case is pending in the family court. In such instances, after getting the residence order and going home to stay will jedopised the divorce case. The family court can put the restriction by giving judicial separation till the case is over and so the residence order will become ineffective. The family court can also direct to pay the rent for the residence order if granted by DV case.


If you say that the kid has the right to stay with the father, then the court will grant the custody of the child to the father. If the custody goes to the father and he takes the custody of the child, then getting the custody will be difficult for you to get in future.


I would suggest you to proceed and close the divorce case first and then go ahead for DV case.

Regards, Hardik Mehta
Quote06.06.2011 07:350 people like thisLike

OK Ji,

will do  as per ur advice.

Quote13.06.2011 01:540 people like thisLike

Dear All,

Plz advice me.

atlast the dv case was over & i got only rent allowance for seperate accomodation as if i enjoyed in my matrimonial home.

reason was during the pending divorce case , i if was given residence order & it will make haarsh in our life.

moreover husband not willing my stay in his father house where he presently residing.

he also told to MM that he dont want kid.


i dont know what to do.

being a lady how can MM gave such order , im confused , how i will leve seperate by keeping 4 yrs old kid alone.

i told in cross that my main prayer was reunion only , so i dont want maintenance if i was given residence order.

so i didnt get both residence & money for kid.

shall i appeal further for residence/ maintenance?

what can i do?

plz advice me. as MM didnt mention any refferce for giving my case judgement.


how will my husband get convince if myself & kid was seperate from him.

Quote13.06.2011 10:480 people like thisLike



This outcome was expected, since the divorce case is pending in the court MM will not give the residence order. If your lawyer has told you that you will get the residence order inspite of the divorce case pending, then s/he has fooled you. You can now apply for the alternative releif in the divorce case u/s 23A HMA, where you will pray for the RCR. This would be useful to you at this stage. In the meanwhile, you can go for revision to Sessions court for the maintenance of the child, or file the separate case for the maintenance of the child u/s 125 CrPC. In my option, a separate case of maintenance for child is feasable. Immediately apply for alternative releif. Put the DV case details for residence order in the court.

Regards, Hardik Mehta
Quote13.06.2011 11:130 people like thisLike

Hi Mam,


Sorry to hear your story. Hardkim is correct but please understand one thing that now-a-days, Supreme Court is not looking at women the way it has used to look in the past. Now-a-days, Supreme Count, in many of its judgements, is considering women at par with men in many spheres.


Now lets come to your situation. As per Hindu Marriage Act, there are defined reasons/grounds for divorce and if your husband's divorce petition has been accepted then there must be some valid reason for the same. It may be otherwise however, since the divorce case live, it clearly means that your husband has supports in his favour. So, my first question to you here is what is that reason based on which your husband filed divorce case and what is that reason due to which he is not even ready to accept his own child? Its very surprising to hear that a father do not want the custody of his child.


Secondly, please concentrate and only concentrate to prove the ground of divorce raised by husband as invalid and refrain from filing other cases. Please understand that filling various cases against husband when divorce case is live will prove your arrogance and incompatibility to stay in a family and it will help you husband. Therefore, do not file any other case. Completely focus to prove the ground of divorce as invalid and if that is done, you will automatically reclaim your husband and his companionship.


However, it is your life and you have complete freedom to take a decision of your choice.

Quote14.06.2011 04:180 people like thisLike

Hardkim Ji,

thanks for your advice.

plz clear my doubts as im confused.

1) if i go for RCR means even if i get that in my favour means , then also hubby didnt cooperate with me to live with me means , then it will go against me as if my hubby keep that in his favor.simply saying is RCR - after 1 yr will go for divorce know.

2) then for maintennace shall i move seperate petition for child ji?

i have no salary details of my hubby , he is woring in a pvt bank & earning Rs.80000/- per month

how can i prove ji without having those details?he is saying that he is getting only Rs.30000/- PM

3) if i wont get any relief in dv appeal means how can i go for appeal & you are saying that as below,


"This outcome was expected, since the divorce case is pending in the court MM will not give the residence order. If your lawyer has told you that you will get the residence order inspite of the divorce case pending, then s/he has fooled you. You can now apply for the alternative releif in the divorce case u/s 23A HMA, where you will pray for the RCR. This would be useful to you at this stage. In the meanwhile, you can go for revision to Sessions court for the maintenance of the child, or file the separate case for the maintenance of the child u/s 125 CrPC. In my option, a separate case of maintenance for child is feasable. Immediately apply for alternative releif. Put the DV case details for residence order in the court.

Regards, Hardik Mehta"
Quote14.06.2011 05:150 people like thisLike



If you take the RCR, then you have the option to take the divorce and not your husband. You can choose not to go for divorce and this is absolutely OK. If your husband wants the divorce, then he has to prove the cruelty that you have inflicted on him or his family members. In event of the RCR, you can walk to the husbands house and start staying with your husband. You also then get residence orders if you want. You are asking for the alternative releif in the court.


Maintenance in DV is separate than the maintenance u/s 125, especially for the child. In CrPC 125, it is the duty of the parent and father to maintain the child, and in this case, even if he earns 30K, he still have to give the maintenance for the child. This is because the child is dependent of the parent. For the maintenance of the child, you dont have to prove anything. There are laws u/s CrPC 91, from where you can ask for the official IT returns and the salary from the employeer. This would be helpful in establishing the salary details of your husband. Dont worry, your child will get the maintenance. It would be useful to ask for the maintenance for the child first , in person or through the lawyer, without any legal cases, and if he agrees to give the maintenance, then this would be fruitful. Otherwise you can have to go to court for the same.


I would suggest you to proceed and close the divorce case first and then you can appeal, but keep it on the backseat. This will take time. If the RCR case is in your favour, you can then do as above.

Regards, Hardik Mehta
Quote15.06.2011 00:150 people like thisLike

Hardkim Ji,

Thanks for your detailed reply,can you plz contest my case Ji?

are u advocate JI?

im in chennai.plz help me by way of taking my case Ji.

Quote15.06.2011 04:320 people like thisLike



I am sorry, I cannot contest your case since I am not an advocate.  But myself and this forum will help you to clear all your queries and guide you in case of problems. You have to have the goal first and then take the paths. Sometimes, you need to just crawl in the path and at other times you have to run. This is the essence of fighting the matrimonial cases.

Regards, Hardik Mehta
Quote15.06.2011 23:210 people like thisLike


no problem at all , i can search gud advocate here , but plz help me by clearing my doubts & giving advice.

ur advic eis very much useful for me.

now my doubt is, im getting Rs.4000/- per month (out of Rs.80000/- of hubby salary) Rs.2000/- for me & Rs.2000/- for my kid,so plz give me advice of which sec i have to move maintenance?

Quote17.06.2011 14:430 people like thisLike

Why do you need more than 4,000 and on what grounds?


This is what you will need to clarify first.

Quote20.06.2011 17:360 people like thisLike



What is the rent amount that you are getting. You also need to understand that the mainenance is the discrenatory and not the absolutely right, meaning, that if the court husband has done something wrong or has neglected the wife, then the maintenance is granted more. The court also sees for the balance of the cases wrt the income. No doubt the maintenance of the child will be granted at any cost, but your maitnenance will be questioned since you are an able bodied and capable of work. You cannot depend on husband for life long. As the child grows old, you can ask for the increase of maintenance when he is growing. Please continue with the alternative releif and put the RCR in the divorce case. Forget about the maintenance at this stage. You goal should come to your husbands house and re-start the family life.

Regards, Hardik Mehta
Quote02.07.2011 01:040 people like thisLike

Dear All,

Thanks for your prompt answer.

my advocate is saying that we will go for appeal against the dv order in sessions court , so plz give me advice regarding this.

1) first thing  my advo is saying that we have to get certified copies of our cross examination papers from MM court section,but we have applied for that , due to improper response that case bundle was again missed & for the past 15 days we are in need of that to file appeal.

2)moreover i didnt get the certified copies of my cross papers, keeping that only we can able to appeal further , my advo saying , time limit is 30 days from the date of receiving the dv order copies , i got that on 6th of June'2011 , only 4 days more to file appeal , so what we have to do at this stage,as my advo is saying only after receiving that we can able to file it so?

3)if we didnt get that bundle & C.A means what should we do?

4) time limit is only 30 days means whether after 30 days shall we file those appeal?

plz reply to me by giving advice.


Quote02.07.2011 06:130 people like thisLike



You are planning to go to sessions court against which releif? If you are planning to go against the releif that you have got the rent in lieu of residence order or take the residence order, then forget it, sessions court or the High court will not entertain this plea and also will not grant you the releif till the time the divorce case is running. This means that you will waste you time, money, energy and all the efforts. You cannot win the residence order by DV. You are giving more chance to your husband to prove the cruelty that has been done to him and he will then walk away with the divorce. In DV, if you have put some allegations and not able to prove the same, then this amounts to the cruelty that has been done on your part. This things will help you husband to prove the reasonable cause of taking the divorce.


See the pros and cons before taking any step. If you are planning for enhancement in maintenance or rent, then you can get slight releif, or sometimes, the judgement is in the favour of husband where the releifs granted are taken back. This has happened when the wife goes up to the higher court with malafide intentions.

Regards, Hardik Mehta
Quote04.07.2011 00:200 people like thisLike

Hardkim Ji,

Im tooooooo much confused,

1) how can i go for RCR option at THIS stage , bcoz , its already 3 yrs over in divorce case & im contesting the same & i didnt got residence order in my favour & my hubby was still staying in his Father's house.

2) moreover some advocates are saying that if i chose for RCR & get it in my favour then also husband wont definetly join me & my kid then he easily use this reason & walk away with divorce naaa....?

3)without cohabitation how can court grant me RCR in my favour?

4) if i go for RCR as per ur advice means then if i got that in my favour, then also how shall i go inside my FIL house (where husband presently residing) , he wont ALLOW me inside his house eventhough my husband was there.



Quote04.07.2011 14:220 people like thisLike



Dont be confused. You can file RCR at any stage of the case and here you are asking for the alternative releif of getting the RCR in your favour. Its just 1 simple application and the case will be balanced in both the ways, either you will get RCR decree or he will get the divorce.


If you get RCR decree in your favour, then you have to join your husband along with the kid, and he does not have to join you. In this case, you will not be stopped from entering the house and staying together. On other hand, if you get the RCR and YOU do not join your husband then only he will be eligible for the divorce otherwise not. Once you get the RCR the place where he stays is the matrimonial home, irespective under whose name the house belongs. If you go and they do not allow you to enter the house, you can call the police and enter the house where you husband stays. You cannot enter the house where your husband does not stay. If they dont follow the order, then this would be the contempt of the court.



Regards, Hardik Mehta
Quote04.07.2011 23:490 people like thisLike

Hardikm Ji,

Thanks a lot for your prompt reply , ur reply made my brain crystal clear.

will going to do as per ur advice.

moreover i have asked for gud advocate address in chennai.plz ji.

Quote07.07.2011 00:170 people like thisLike

Hardikm JI,

Plz explain me about irretrievable breakdown of marriage?

whether it will applicable of my case Ji?

shall my husband go NOW for that option to get easy divorce Ji?

plz clarify my doubts ji.

Quote07.07.2011 06:300 people like thisLike



I am sorry, I dont know any advocate in Chennai. You can search this site to get the details of the advocate.


Irretrievable Breakdown of Marriage (IrBM) is not yet a law, but it is proposed for state consultations. This can become law once it is approved in Parliment, which is likely in this mansoon session if there are no major changes proposed. So dont worry at this stage. Moreover, IrBM is likely to affect the case where there is the separation of more than 3 years and there is no reconcilation possible. You are trying to save the marriage where the reconcilation is possible.


I would suggest you to file an application u/s 23A for alternative releif of RCR and ask the court for reconcilation / meditation. Here the court will send you both to the counsellor and there you can try to convince your husband to save the marriage. This is possible. If you have gone through the same before, you can still go for meditation / reconcilation.

Regards, Hardik Mehta
Quote07.07.2011 23:520 people like thisLike

Thanks for your reply JI,

will do as per your advice.

Quote11.08.2011 03:150 people like thisLike

Dear All, (Dear Haridkm Ji)

Plz help me as in my divorce case for last hearing due to my ill health im not able to go (cross for mine stage)

but other side advocate said that either close the evidence or finish the cross.judge said close the evidence.

now my advocate is saying that closing of evidence did not affect your case whereas we can file a petition for recalling of evidence of your side (ie) my cross restart again.

whether it is possible?

whether other side consent & judge consent is importatant in this?

moreover i didnt go for appeal or revision in dv case....

Quote12.08.2011 05:120 people like thisLike



Your lawyer can file an application for re-opening the evidence stage, citing about your ill health on that day. The judge will open the evidence stage with some fine and also you may put that the evidence will be given on that day itself. This will be helpful for you if you are ready on the same day. Let the opposite side then take the adjornment.

Regards, Hardik Mehta

Delhi Lawyer

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