Right to residence

Querist : Anonymous (Querist) 26 April 2019 This query is : Resolved
My wife has filed right to residence even if she is working and earning double the amount salary and highly educated than me and court has dismissed my petition for providing her IT returns. What can i do ?

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Dr J C Vashista (Expert) 27 April 2019
She is entitled for "shared house" in terms of Section 12 read with section 19 of the Protection of Woman from Domestic Violence Act, 2005 even if she is working and earning.
Consult your lawyer for proper guidance and proceeding if there is some iota of truth in the story.

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Guest (Expert) 27 April 2019
When you have already hired a lawyer to defend your case in the petition you lost, has he not suggested you any further remedy to solve your problem?

However, for your information, you cannot deny the right to residence of your wife, may she be earning much more than you. Her income can be the criteria for the purpose of claim of maintenance, not for right to residence.

Sudhir Kumar, Advocate (Expert) 28 April 2019
Fully agreed.

Not relevant how much she is educated and how much she is earning. She is wife and has right to live in the same house where you are residing or resided with him last.

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