Shared Household
Guest
(Querist) 15 October 2010
This query is : Resolved
whats the defination of shared household. If the husband is not living with the parents at the time the application is made by wife under DV act what are the chances of grant of residence rights in the parents property.
Can the court provide residence rights in the parents property to wife even if the husband is living at a seperate place as the residence rights should actually be provided at the current residence of the husband.
- whats the role of protection officer in this shared household issue can he make a surprise visit to check If the husband has been living in the shared household or not.
Please suggest how can this be prevented or If my parents disown me would it help.
sibasish pattanayak
(Expert) 15 October 2010
Mithilesh ji ,
thanx for your posting, this question is very hot now a days in India.the definition of SHARED HOUSE is wel known. in my opinion, Your WIFE CAN CLAIM RESIDENCE RIGHT IN THE PARENTS PROPERTY but only to reside, if that property belongs to your mother in that case wife can not claim, on the other hand if the same property belongs to your father then your wife is ENTITLE TO CLAIM THE RIGHT TO RESIDENCE IN THE SHARED HOUSE HOLD but in no case she can claim her right over the same property as legal heirs.DV ACT never suggest/empowerd the MAGISTRATE TO DECIDE THE MATTER IN RELATES WITH THE PROPERTY.PL see one recent judgement of DELHI HIGH COURT.
SIBASISH PATTANAYAK, ADVOCATE,KOLKATA/09874854594/09477090999.09231668664.
