Stay order in dvc
Amit
(Querist) 10 February 2014
This query is : Resolved
Hi,
My wife filed DVC and as part of that asked for residence in my house.
The house is though owned by me was never inhabited by me or my wife. We argued so and claimed it's not a shared household as envisioned in the act and instead are willing to pay her rent.
Lower court has ordered in our favor asking me to pay rent and saying that my wife is not entitled to live in the house though under my ownership.
My wife appealed against it in Sessions court and that court has given order in her favor, saying she can reside in that house.
That house from the beginning has been given on rent to tenants. My wife forced them to vacate and then locked the entire house and left.
We filed a revision in HC and HC has stayed the order in her petition in the lower court.
My questions:
(1) Why has the HC stayed her petition in the lower court?
(2) Does it mean that her original petition itself is in question and the status now is that of not having any orders for that petition?
(3) If so, can I ask her to vacate the house?
(4) Can I now sell/gift the house?
(5) If yes to (4), how will HC see my selling/transferring the house? Will HC have an adverse opinion? Can it reverse the sale/transfer if it thinks that my wife is entitled to the house?
Thanks
R.K Nanda
(Expert) 10 February 2014
consult local lawyer.
Rajendra K Goyal
(Expert) 10 February 2014
Without going through whole case file it is not possible to give any advise.
Consult a local lawyer.
ajay sethi
(Expert) 10 February 2014
you have offered to give her rent for alternative accommodation . as a result court has stayed order permitting her to occupy house owned by you . you cannot sell the house pending haring and final disposal of case . you have to maintain staus quo. order permitting wife to occupy has only been stayed not set aside .
Amit
(Querist) 11 February 2014
Thanks Ajay.
Can I at least ask her to vacate the house? If yes, what's the procedure for it?
If no, what's the advantage of the stay order if the status quo is to be maintained?
ajay sethi
(Expert) 11 February 2014
send her letter that as HC has stayed order of sessions court permitting wife to reside in the house to kindly vacate the house . if she refuses to do so then on next occasion draw attention of HC to that effect . request that wife may be directed to vacate the house pending hearing and final disposal of appeal . undertake to not create any third party rights
Amit
(Querist) 21 February 2014
Sorry to re-open this.
My wife has been handed over the stay order and she's been asked to leave. But she refused.
Next HC date is unknown and my advocate suggested that we file a petition in DVC court to direct the protection officer to get her vacated. But the next DVC date is 2 months away.
So what should be my next step? Is there no option but to wait for 2-3 months to get her vacated?
Meanwhile, can she do anything in the court to continue her stay?
Also, the DVC dates are spaced very wide like 2months. What can I do to expedite the case?
Thanks
