DV Act

Guest (Querist) 14 October 2010 This query is : Resolved
whats the procedure followed by court under DV Act to grant residence rights in shared household. I am not living with my parents and dont have property of my own but at the time of marriage and later had been living with my parents.

If my wife applies for a residence rights in the matrimonial home which is my parents home can it be granted though I am not living there and due to my job I live near to my work place.

Is there any precautions or preventive steps that I can follow now to prevent my wife claiming residence rights in my parents home where I dont live now but at the time of marriage and later was there.

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adv. rajeev ( rajoo ) (Expert) 14 October 2010
Good question. In my opinion if it is self acquired property of your parents then you can defend it by taking a contention that you have no share in the property and not shared with the parents.

s.subramanian (Expert) 14 October 2010
Your wife has no right to claim any such rights in the property of your parents.

Rajeev kulshreshtha (Expert) 14 October 2010
Yes in case of self acquired property of your parents your wife cannot claim share.

R.Ranganathan (Expert) 14 October 2010
yes. you can take the defense that it is not your property and is the self acquired property of your parents and you also cannot claim any right in that property yourself. And when you cannot have any claim in that property, your wife also cannot claim any share or right in that property.

Guest (Expert) 14 October 2010
WIFE CAN APPLY TO THE COURT FOR ORDER FOR ALLOWING HER TO RESIDE IN THE MATRIMONIAL HOME WHERE SHE RECIDED WITH HER HUSBAND AND HIS FAMILY MEMBERS.COURT MAY ALLOW HER APPLICATION AFTER GIVING PROPER HEARING TO THE HUSBAND.
GOOD LUCK.

pawan sharma (Expert) 14 October 2010
yes, i agree with Mr. S.Subramanian

Raja (Expert) 14 October 2010
Wife has no right to claim any rights in the property.

Uma parameswaran (Expert) 14 October 2010
Shared house hold means the place where the wife lives or at any stage has living in a domestic relationship either single or along with the respondent and such a house hold which may belong to the joint family of which the respondent is a member ,irrespective of whether the respondent or the wife has any right,title or interest in the shared household .