Dv ,maintenance and residence order
Sri
(Querist) 17 January 2014
This query is : Resolved
Wife filed 498a followed by dv .In dv she has asked for shared household and maintenance .i sold the shared household soon after 498a as I knew she would file dv and shifted to rented house which is 1 bhk flat
Now if wife ask for a 2 bhk rented flat as the shared household was a 2bhk will I need to provide her or will the court ask her to join in my present 1 bhk rented flat?
Can wife come and stay forcefully with me in rented flat without any court orders?
Devajyoti Barman
(Expert) 18 January 2014
The court would determine the status of the parties and may give any order or residence including providing her monetary assitance to avail separate rented accommodation.
Rajendra K Goyal
(Expert) 18 January 2014
Depends upon the relief preyed by the wife and the arguments from husband against the relief sought.
Sri
(Querist) 18 January 2014
@Barman . Sir I din follow ,"residence including monetary assistance for separate accommodation ".
Please could u elaborate ..
T. Kalaiselvan, Advocate
(Expert) 19 January 2014
It is simple, if the court finds out the mischief played by you and is of the opinion that she has to be maintained as per your status, the court may order so which was properly opined by expert Mr. Barman. Generally in the order she will be given protection in the place where you reside.
ABDUL RAZIQUE
(Expert) 19 January 2014
Agree with Birman Sir, no need to more.
Advocate. Arunagiri
(Expert) 19 January 2014
Under the DV act the magistrate is having all such rights to pass an interim order, for a shelter and maintenance, for the wife.
What is the current stage of the complaint under DV Act. Whether the protection officer had summoned you?
Sri
(Querist) 19 January 2014
@Advt.Arunagiri..sir case at argument stage for interim application.does wife get residence and monetary relief also if the accommodation rented by husband is not of the same standard as shared household ?
Nadeem Qureshi
(Expert) 19 January 2014
Dear Sri
its depend on the facts and circumstances & status/lifestyle of the parties.
Devajyoti Barman
(Expert) 19 January 2014
Yes, she may get such order.
Do not contemplate much about future about which nobody has any control. Let the order passed first and then think for future course of action.
Advocate. Arunagiri
(Expert) 19 January 2014
The court will not order you to provide 3BHK or 4 BHK house. The husband ought to provide shelter to the wife, wherein the husband is currently living.
ajay sethi
(Expert) 19 January 2014
since your case is at argument stage for interim reliefs prayed for by wife wait for orders to be passed by court . at interim stage court will pass orders for interim maintenance . if wife has sought other interim reliefs pending hearing and final disposal of Dv case court may pass necessary orders .
Shonee Kapoor
(Expert) 20 January 2014
Speculative query, the answer would depend on many factors and including the status of the parties and the arguments advanced by both the parties.
Regards,
Shonee Kapoor
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