can a wife file DV if she stays in a rented house for 3 years without her husband against her wish??
RAHUL NAG _____
(Querist) 16 July 2011
This query is : Resolved
my aunt was made to stay in a rented house by her husband without her will and himself used to stay with his mother at another residence for 3 years. he didn't enter that residence nor did he maintained normal matrimonial(including physical relationship) with his wife. now he is reluctant to pay any rent and has driven his wife out of that rented house too by false pretext that he will look for a better residence at some other place. now he is denying to arrange any accomodation nor paying any rent, though he has paid maintenance to his wife by cheque.
1)
can she file dv ?
2)what relief can she ask for?
3)how can we show that domestic violence had occured? her son can be a witness
4) does not entering her house and not maintaining matrimonial relationship be ground for cruelty or domestic violence?
5)when her husband has never entered the rented house and never lived in that house for 3 years but before 3 years they have stayed under one roof and that she was unwillingly made to stay in that rented house, can it be still called a domestic relationship?
please suggest.
Devajyoti Barman
(Expert) 16 July 2011
1. Yes
2.Maintenance, damages, alternative accommodation etc.
3. Yes, refusal to maintain is also a kind of domestic violence.
4.Yes
5. Yes
DEEPAK ASSOCIATES
(Expert) 17 July 2011
i agree with mr Devajyoti apart from it this is a domestic voilence of mently torture which comes in the purview of DV.
The wife has right to maintained the matrimonial relationship.
As far as rented house it was the husband who is paying the rent, therefore, he has to maintain residential house for his wife or his wife(ur aunt) may take a relief of injunction under DV to live in the house of husand where he is living.
in nut shell you case is mentally tortured by husband and comes in the purview of DV
valentine thakkar
(Expert) 18 July 2011
Wife living with parents. Husband filed RCR. Wife filed divorce under SMA. Temp. custody of daughter with her, husband having visitation rights. Wife earning and complained about husband's erratic n irregular earning. Now can she ask for maintenance?
