Divorce
Querist :
Anonymous
(Querist) 02 October 2011
This query is : Resolved
My dear respected experts,
I want your expert opinions in this matter.
I have filed for divorce against wife. Iam husband. Iam staying in mother's home for 10 years with my family. My mother's home will come later to me legally.This is last house sharehold where problem has come for divorce. And this will be a property I will legally inherit later. I have my own small flat which was previous shared household for 7 years in same city. It is lying empty. I want to protect it from my wife who may file DV case and seek right of residence in previous shared household. But she has no problem in present shared household.She has ample space. No DV against me but she can make false/exaggerated charges. I don't wish to give previous shared household on rent. How can I protect it from my wife just in case she tries to gain entry in it through DV act,claiming right of residence.
Thank you very much experts. Please explain fully. My wife has caused me great mental agony. She is full of greed alongwith her paternal side joint family members and their friends,spouses,and children.She wants to grab everything.She has no physical relation with me.
Thankyou again
ajay sethi
(Expert) 02 October 2011
why you want to keep 2 flats ? since you are staying separate from your wife and you are going to inherit your mothers flat you can dispose of your small vacant flat if you so desire .
you have stated that she has ample space . does she own her flat ?
Raj Kumar Makkad
(Expert) 02 October 2011
We experts are expected to provide legal help and are not expected to tell querists to indulge in illegal means.
Keeping in view the aforesaid aim and object of experts, I am of the view that your wife is legally entitled to take benefit of DV Act qua your vacant flat and she may obtain orders for shared residence therein. Your mother can protect her rights in the presence flat wherein you are residing but there is no way to protect yours.
ajay sethi
(Expert) 02 October 2011
if the querist has 2 flats mere disposal of one flat does not mean that we are advising them to violate the law
Shonee Kapoor
(Expert) 02 October 2011
I agree withe Mr. Ajay Sethi,
A query to Ld. Mr. Makkad, just because a legal provision exist, does that mean the benefit of it should be accroded to everyone whether he/ she deserves it.
We have to tell people how to safeguard their interests as well.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 02 October 2011
we can advise how to come out grip of adverse
facts if some viable idea comes momentarily in our mind,nothing wrong in it i think.To that way i agree with Mr.Sethi.
