Maintenance u/s dv
sunil kumavat
(Querist) 28 December 2016
This query is : Resolved
Dear sir ,
in DV case ordered that
i shall pay an amount as a maintenance to my wife .
and my own house having 4 rooms that is in possession of my wife . she should give me 2 room and i can let it on rent and pay the maintenance.
so far i had paid the maintenance amount to my wife and the arrears is pending.
I tried to get the possession of 2 room from her through protection officer but she did not respond to them and has filed a case of recovery of arrears.
when I told the court that she is not giving me the possession of 2 room as mentioned in the same order he says as this case is filed by her court cannot order her to give the possession. for that i have to file a different case.
please guide.
sunil
Rajendra K Goyal
(Expert) 28 December 2016
You can file execution for possession of portion and prey to keep maintenance pending as same is to be paid from rent received.
Ms.Usha Kapoor
(Expert) 29 December 2016
you can FILE EXECUTION OF POSSESSION PORTION AND PRAY TO KEEP MAINTENANCE PENDING AS THE SAME CAN BE PAID OUT OF LETTING OUT THE 2 ROOMS VACATED BY YOUR WIFE.
sunil kumavat
(Querist) 29 December 2016
I have to file separate execution ? can't the same court decide possession of portion ?
Rajendra K Goyal
(Expert) 29 December 2016
Discuss with your lawyer, if not satisfied.
sunil kumavat
(Querist) 29 December 2016
thanks sir for ur valuable guidance.