Non-payment of rent for rented premises after 498a
Shruti
(Querist) 09 May 2012
This query is : Resolved
Hello all,
My wife has filed 498a and 506 along with 34b on me and my family. I was staying in a rented premises before all this happened. She had gone out of the house before filing 498a along with all her belongings.
To file 498a she entered my house by breaking open the lock of the house with the help of police when I was not there. I have not gone to the house since then fearing untoward circumstances. All my belongings are there in the house.
I was paying the rent till now. Now I want to stop paying the rent as there is no point in paying the rent to make her stay comfortable over there. I am planning to send an email to my owner and give notice. I am not sure if the house owner can vacate the premises for me. Maximum I might loose the advance amount which I paid which is 10 months advance rent. I am not sure if there is any good way of getting that money back.
Is it fine to stop paying the rent and give notice to the house owner while the wife is staying over there. My wife is working and earning very well and capable of paying the rent for the house. She has not yet filed the DV. I am suspecting that she might file DV if I stop paying the rent.
Any suggestion in this regard is highly advisable as to what I should do regarding the payment of rent.
Thanks in advance for your time.
Regards,
Kiran
ajay sethi
(Expert) 09 May 2012
it will further aggravate the situation .
you go to the huse collect your belongings .
if you want to terminate the leave and licence you have to give vacant posession .
if your wife is staying there it will be impossible to give vacant posession .
if yours is a transferable job you can inform your wife that you have been transferred out of city and as such have to vacate the house .
send her email to that effect . wait for her response .
Shashikant V. Patil
(Expert) 09 May 2012
Since you are parted away from rented house, inform your licensor,by notice, that you are going to terminate the leave and license with that house as their terms (husband and wife) are not good and relations are also strained due to complaint by her and also request to take future rent from her or to vacate the same.
Sudhir Kumar, Advocate
(Expert) 09 May 2012
Agreeing with Mr Ajay Sethi I would analyse you problem as you explaineted
To file 498a she entered my house by breaking open the lock of the house with the help of police when I was not there.
Comments as long as she is your wife she has a right to enter the house, even without police help. If a victim has lodged 498a that does not mean that she is to be deprived of the house shelter.
I have not gone to the house since then fearing untoward circumstances. All my belongings are there in the house.
Comment Your description does not show that anyone stopped you from going there. You have not yet even removed personal belongings even with police help.
I was paying the rent till now. Now I want to stop paying the rent as there is no point in paying the rent to make her stay comfortable over there.
Comment You stop paying the rent handing over the property the landlord can recover from you by civil suit.
I am planning to send an email to my owner and give notice.
Comments Then also intimate him when are you handing over the vacant possession.
I am not sure if the house owner can vacate the premises for me.
Comments The landlord has given you vacant possession once. His not the area policeman or your security agent.
Comment No you will be liable for the rent till the house is vacated.
Maximum I might loose the advance amount which I paid which is 10 months advance rent. I am not sure if there is any good way of getting that money back.
Comment No you will be liable for the rent till the house is vacated. You are even liable for the damages she may cause.
Is it fine to stop paying the rent and give notice to the house owner while the wife is staying over there.
Comment Not at all a good idea. On one side you are telling him that house is occupied by a woman whom you introduce as your wife and then also stop paying the rent. Why landlord shall not assume you as a cheat.
My wife is working and earning very well and capable of paying the rent for the house.
Comment But she need not pay for the rent. You are in agreement with landlord. Argument of her being employed may be raised in maintenance matter.
She has not yet filed the DV. I am suspecting that she might file DV if I stop paying the rent.
Comment Yes
Read section3 of DV Act and decide for yourself:-
For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I.—For the purposes of this section,—
(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse” includes—
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.
(iv) “economic abuse” includes¬—
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.
Explanation II.—For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.
Any suggestion in this regard is highly advisable as to what I should do regarding the payment of rent.
Comment Go for reconciliation.
V R SHROFF
(Expert) 09 May 2012
DV act provides for residence, and h is bound to pay for electricity, maint, rent, & everything needed for her residence.
So certainly she will file DV, and the fact of non payment of rent will go against you.
Shonee Kapoor
(Expert) 09 May 2012
I differ with Ld. Sethi.
As long as there is no court order, stop the payment of rent and let her fend for herself.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shruti
(Querist) 10 May 2012
Hello all,
Thank you everyone for your valueable piece of advise.
Incidentally though I have been paying the rent, there is no rental agreement which I have signed and given to house owner. Since my wife is staying at the house she is in legal possession of the house as far as paying rent is concerned. Is my thinking fine.
I will give a formal notice to the owner too. I don't want to be harassed by owner. All he can claim is the deposit amount which I have to let go.
I am fine with DV being filed in the court. I can fight it out. Someday she will file it. I feel it is quite miserable to go on paying rent till the case gets decided. If the court tells me to pay I shall do so. My wife is earning close to a lakh per month, so I am sure the maintenance fixed by court will be far less.
May be it is better to pay what court instructs than go on paying and getting harassed by wife.
As per my understanding if I don't pay the rent without informing owner can go to rent control authority and fight it out. IN this case I am informing him that I don't stay there anymore. If he throws my belongings I can go and collect that. I feel that is much simpler to deal with. Hopefully it will far less complex than 498a.
Thanks again to everyone.
Regards,
Kiran
