Rcr; prayer for separate accomodation by wife
kavkaz
(Querist) 28 February 2012
This query is : Resolved
With respect to an RCR petition, can the court order the husband to purchase a separate accommodation and stay along with his wife.
The husband is ready to take her wife back accepting all the consent terms since the very beginning but the case has been filed by wife only to get a separate accommodation and meanwhile till final hearing, interim maintenance.
Husband is ready to take her back unconditionally. Before marriage the wife and her parents had agreed to live in joint family. There are no serious allegations in the petition. The allegations are all related to the petty restrictions in joint family system like having lunch/dinner together on the dining table, the father in law should not frequently call her husband and tell him to come early, when the husband and wife have gone outside on weekends.
Adv.R.P.Chugh
(Expert) 28 February 2012
Dear Querist,
No court can require a person to get seperated from his parents/joint family - in order to protect his marriage with his wife. She has a right to matrimonial home which in this case is the home of the joint family, she has no right to insist on a seperate accommodation.
R.K Nanda 
(Expert) 28 February 2012
No,court cannot order husband to purchase a separate accommodation for wife to stay with
her so as to save the marriage.
R.K.NANDA-ADVOCATE
V R SHROFF
(Expert) 28 February 2012
court cannot order separate reidence
ref http://www.lawyersclubindia.com/experts/Sufficient-reasons-to-stay-away-from-the-husband-282596.asp
Shonee Kapoor
(Expert) 28 February 2012
No it can't.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 28 February 2012
Separate accommodation shall not be granted in the given case.
