Residence right in dv

Guest (Querist) 05 September 2013 This query is : Resolved
My wife has filed 498a and dv after 5months of marriage ..she stayed with me for 10 days only..in dv she says that husband has not allowed me to enter home as I have denied to give him dowry ,hence want access to shared household ..she has stated that she does not want rent in lieu ..can I sell the property ,I am paying emi for it ..I don't want her in my house as she may again file a false case..how do I prevent her from getting residence order..

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ajay sethi (Expert) 05 September 2013
you have to file reply to the application . take the stand that she has deserted you out of her own will . that you want her to stay with you .

if court has granted injunction restraining you from selling the flat then you cant sell .

Guest (Querist) 05 September 2013
@ajay sethi ..sir during councelling at the womens cell I have given a written statement that I do not wish to take her back due to her mental and physical cruelty ..so can I deny in the court saying the same..

Raj Kumar Makkad (Expert) 07 September 2013
You have every right to tke your defence but you cannot deny your wife for her right to maintenance and residence.

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