anup (....) 08 August 2014

Injunction

my wife has asked for injunction on my on my parents house claiming

my father had expired and i was staying with my mother (80yrs) in that flat even after his death

but there were constant day to day quarrels so i asked my wife that we must shift from this flat

but instead she has filed for injunction and maintenance case against me

this flat was purchased by my parents and big brother i have not made any payment for this house

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3 Replies

Tajobsindia (Senior Partner ) 08 August 2014

1. Ask registered Title Owners of the flat to file counter injunction case against wife in Civil Court. Judgments denying wife such rights exist in this very Family law Forum.

2. She is showing the flat as shared house / matrimonial home as per tricky wordings in Bharat Ratna DV Act.

3. She cannot get injunction if flat's Title (Registered) Owners object to it and you are willing to give rent in lieu of right to residence.

[Last reply]

Samir N (General Queries) (Business) 09 August 2014

Law of injunctions is extensive. What injunctions has she asked? What is her basis for doing so? She cannot ask for any injunction on a house/home owned by in-laws. See Batra vs. Batra (Tarun Batra case) of the Supreme Court. It suffices to get her case thrown out regarding injunctions. The key is TITLE not who paid for it. If the title stands on your name or your wife's name, you are in trouble. If the title stands on some other's name but she can show proof that you paid for it, she stands a chance. The burden of showing proof that the person on whose name the title stands did not pay for it is on her. You have no burden of showing any proof other than the proof of title.