Conditionally staying together
kavkaz
(Querist) 03 December 2017
This query is : Resolved
Respected Sir,
Thank you in advance.
My wife has filed a DV case against me. In the case proceedings, she has agreed to conditionally stay with me - the condition being that I make her joint owner in the flat that I own. The allegations against me are all petty related to living conditions at my home and she has complained that I have deserted her. She has not proved any allegations either.
Request you to please reply to my below question:
- Will the court allow such a condition (of joint ownership in my flat) - which my wife has put saying that it is for her future safety and security in case of desertion.
Warm regards.
Vijay Raj Mahajan
(Expert) 04 December 2017
No the court cannot give any order that the flat should be made in co-ownership or joint ownership with her, she can live with you in the same flat which is her matrimonial home or shared household but if she refuse to stay there for no genuine grounds, her demand for making her co-owner/joint owner will not be allowed, nor she will be allowed the right to claim another place of residence at your cost when you have not stopped or prevented her to stay with you in the matrimonial home which also her shared household.
Adv FAMILY COURT Misra
(Expert) 04 December 2017
The learned adv has given a very correct answer. I agree with the answer.
Guest
(Expert) 04 December 2017
@ Mr. Kavkaz,
Your mutual decision would be relevant. The court has to agree, if both agree on some agreeable condition.
Guest
(Expert) 04 December 2017
@ Kavkaz,
As Shri Vijay raj Mahajan said, the court cannot give any order, that is right, as in mutual dispute case of husband and wife, the court cannot impose its order, accept when it finds that living together would be harmful to the interests of both husband and wife. In fact, any decision in any case between husband and wife is of the nature of decision in the shape of a consent of the court to allow both the husband to live together, but that too only when both of the spouse agree mutually to live together. So, there is no such kind of order of the court, but a consent for allowing you to stay together.
So far as your question is concerned that is quite irrelevant, as is not within the scope of the experts to decide for and on behalf of the concerned court of law.
The reasons being --
(1) None of the experts should have been considered as the spokesperson of the judge of your case, as you asked an unwarranted question, "Will the court allow such a condition (of joint ownership in my flat) - which my wife has put saying that it is for her future safety and security in case of desertion."
(2) Nobody can pre-judge by reading the mind of the judge of your case by telepathy.
(3) Leave aside what court agrees or not, the most important question arises, whether you are mentally prepared for entering in to the deal of joint ownership with your wife? If yes, you don't need interference of the court even to accept the condition. Your agreement or settled term would be consented by the court.
(4) Even if you enter in to the deal of joint ownership, will there be any guaranty that she would not leave you or even give divorce to you, that you have to think over, not the court of law?
So, by all means, it is you, who has to think over all perspectives of the case. The court can act only as a certifying mediator.between both the husband and wife and decide as per the consensual mental decision by both of you.
Best of luck.
Guest
(Expert) 04 December 2017
Marvelous analysis of Mr. Jigyasu in your case !!
You cannot expect to get any such type of the best advice on charity basis. I fully agree with the advice of Mr. Jigyasu.
Kumar Doab
(Expert) 04 December 2017
The court can allow her stay in husband’s home.
It is unlikely that court would ask to give her joint ownership.
Kumar Doab
(Expert) 04 December 2017
Posting in threads at LCI is not an act that is to be drummed as Charity.
Vaise bhi charity aisi nahi honi chahiye jiske aar me querist ya kisi ka uphaas/majaak uraya jai ya beijjati ke irade se chilli po kiya jaye.
Kumar Doab
(Expert) 04 December 2017
The postor at 4th,5th,6th post in the thread is one and same and posting under multiple fake ID's....
Mirror Image is praising self.
Kumar Doab
(Expert) 04 December 2017
The postor at 4th,5th,6th post in the thread is one and same and posting under multiple fake ID's....
Mirror Image is praising self.
Kumar Doab
(Expert) 04 December 2017
The postor at 4th,5th,6th post in the thread is one and same and posting under multiple fake ID's....
Mirror Image is praising self.
True picture is seen in daily abuse from Day1 under all of multiple fake ID's many of which are balckened/blocked/shunted out.
In such matters as in thread IT=@PSD has been otherwise also at IT's Khilli best.
Guest
(Expert) 04 December 2017
5 (FIVE) VAGUE and IRRELEVANT POSTS of Mr. Kumar Doab, a fake expert with fake name and fake identity, made by him as of playing a number game just to add numbers to his credit.
