Rent to separated wife.
Ramesh
(Querist) 13 June 2019
This query is : Resolved
Our matrimonial house is owned by my wife. My wife voluntarily left the house. No divorce petition is filed till date. I continued to reside in the house and kept asking her to return to the matrimonial house which she refused.
She is now demanding rent for the period I stayed alone in the house. She works in a MNC and earns handsomely and does not need the rental amount to meet her expenses.
Is she legally permitted to demand rent from the husband for staying in the matrimonial house that she voluntarily left?
Can she file any case in court seeking rent?
Pl advise.
kavksatyanarayana
(Expert) 13 June 2019
Dear querist, neither of you have filed the divorce case. She only left the home. so as per law you are husband & wife. You amicably discuss with her for rent. If she is not agreed and proceed to file case then you consult a local advocate for further process.
Vijay Raj Mahajan
(Expert) 14 June 2019
With has right to residence but if she has no income and place to live. The husband is legally bound to provide for place of residence or rent as the case may be but that is ordered if wife has no place to live for herself and refuse to live in matrimonial home for reasonable ground.
The court shall consider her demand for place of residence or rent etc.keeping these points in its mind.
Dr J C Vashista
(Expert) 14 June 2019
Is there any valid rent agreement signed/ executed by your wife for renting out the premises to you? Answer is obvious "NO", isn't it? Therefore, need not worry.
If she do not want to continue her relationship as wife and interested in job instead of husband/family you can not compel, therefore, it would be better to settle amicably and move for mutual consent divorce and depart peacefully.
It would be better to contact, consult and engage a local prudent lawyer for appreciation of facts/records, guidance and proceeding without seeking obligation of experts on this platform although it is available FREE OF COST.
However, if you are located in Delhi and feel so, may contact me (on appointment) at: Chamber No 647, Lawyer.s Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075
Cell: +91 98911-52939 email: majjagdish@yahoo.com
M V Gupta
(Expert) 14 June 2019
SO LONG AS YOU BOTH ARE HUSBAND AND WIFE BOTH HAVE EQUAL RIGHTS TO STAY IN THE MATRIMONIAL HOUSE WHETHER IT IS OWNED BY HUSBAND OR WIFE. SHE CANNOT LEGALLY CLAIM FOR RENT FROM YOU..
KISHAN DUTT KALASKAR
(Expert) 15 June 2019
Dear Sir,
It all depends upon understanding between you and your wife. Legally speaking it being owned by your wife you have to reimburse rent to her for the period you stayed there alone.
Please mark “LIKE” if satisfied by my answer.
