Second wife got a residence order under Domestic Violence case and now claiming the right to live in my house. My husband contracted a second marriage and I did not know this fact until the order of the court. When that lady came to my house and tried to get entry in my house forcefully then I came to know about the second marriage of my husband. This is my property because my father gifted this house to me at the time of marriage. My husband has no right in this property. Sir, in this situation how do I protect my property and my life because she got residence order?
Asked from: Uttar Pradesh
It appears from the facts that the proceedings before the trial court were conducted without making you a party. As a result, you have no information about the trial court’s order. Your husband has entered into a second marriage, which is both illegal and constitutes the offense of bigamy. However, that is a separate matter. Here, we are discussing the residence order passed by the court.
The house in question was gifted to you by your father at the time of your marriage. It is your self-acquired property as well as your streedhan. That second wife has never resided in this house; thus, she can't claim it as a shared household. In this circumstance, the residence order passed by the court is null and void.
In this situation, you must file an appeal under Section 29 of the Domestic Violence Act. Every order issued by the trial court in Domestic Violence cases is subject to appeal. You were not made a party to the case. Even so, you are the most affected person if that order is enforced.
Therefore, you need to seek leave from the appellate court to challenge the validity of the order. It is likely that the court will grant you leave, as you are a necessary party in this matter. Your husband's second wife got residence order by suppression of facts.
You should immediately file an appeal in the sessions court. The limitation period is thirty days from the date of the order. You were not a party to the original case. Therefore, the limitation period will be calculated from the date you became aware of the order.
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