Vacating residential quarter
Aravind
(Querist) 04 January 2018
This query is : Resolved
Sirs,
I m working for a government company. Due to some marital disputes I filed divorce petition against my wife. We don't have children. In retaliation My wife filed cases like 498A,354 of IPc and 3 and 4 of DP Act in April 2014 against me,my parents,sister and cousin brother.myself and my parents were in jail for 14days.after enlargement on bail as my wife was still residing in my company provided quarter I stayed outside by paying rent.she filed dvc against me my prents and sister in February 2016. In July 2017 on administrative grounds I was transferred to another place .I reported at new place in SeptemberI2017 but till now she has not vacated the quarter.she was awarded monthly maintenance of 5000 in dvc and 10000 in hmop.in order to take quarter at new place I need to handover quarter at old place to the company.presently I m staying in a rented portion at new place.
I want to know as she is drawing maintenance can we file a petition in local court to get the quarter vacated or is there any other way.
Regards
Aravind
Vijay Raj Mahajan
(Expert) 04 January 2018
If the premises belongs to your Company either as owner or on tenancy, its their case to get the premises vacated. You inform the company about the illegal occupation of the premises by your wife after you have moved out of the premises as has been posted to another station.
You can also move application in the DV court premises about your transfer order and vacation of Company premises as you are no more living there. The premises is being owned by the company where the wife is staying illegally after your vacation of the premises. The Courts has already granted her sufficient amount of maintenance for her to move to another place of residence. The court should order her to vacate the premises of the company immediately.
Nitish Banka
(Expert) 04 January 2018
Dear Aravind,
If quarter belongs to the company you may write to the company to take appropriate steps to vacate the quarters and it will become dispute between your company and wife.
Adv. Nitish Banka
9891549997
Kumar Doab
(Expert) 04 January 2018
The transfer is obviously by order by employer and you have complied with it.
Do you have any apprehensions about letting your employer be made aware of rented accommodation at your new location and payment of maintenance to wife and your willingness to keep your wife with you!
Sankaranarayanan
(Expert) 04 January 2018
It is your duty to inform your management first about the illegal occupation by your wife. Also, file a petition against her in DV case and HMOP case
