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dhruv (other)     21 September 2013

Can my wife kick me out of rented apartment which i stay in?

Lets say I begin to stay in a rented apartment with my wife and kids close to her parents house (as per offer in mediation) Can my wife falsely allege domestic violence and use the DVA 2005 to kick me out of the rented apartment and then I have to stay in my father's house ?????? In such a case would I have to keep paying the rent of the apartment while my wife and kids stay there ???? (as she earns a fraction of the apartment's rent). Her father's apartment would be very near to this apartment. I am afraid that agreeing to this demand would bring all benefits to her as her father does not have to worry about his daughter sitting at him home but still acheive desired objective of dominating me as per their whims and fancies under the threat of DV Act 2005 and 498a. Today is mediation round. Please opine, Learned members of this forum.


Learning

 7 Replies


(Guest)

Nothing like that......


The rented flat will be termed here as marital home where husband and wife both resides and rent is even paid by husband. Wife has no power to kick you out,but yes according to DVA 2005 she can ask for share household inside that flat and seek for protection against you.

Sudhir Kumar, Advocate (Advocate)     21 September 2013

agreed            

Arun Shukla (Lawyer)     21 September 2013

No for this the court has to see the earning of both the parties, then only the court under DVA can order for similar acomodation, second thin don,t go for the compromise where you are not satisfied, dear you have not stated in your query under which proceeding your mediation is going on. Before proceeding any further ascertain your position at present.

Arun Shukla (Lawyer)     21 September 2013

No for this the court has to see the earning of both the parties, then only the court under DVA can order for similar acomodation, second thin don,t go for the compromise where you are not satisfied, dear you have not stated in your query under which proceeding your mediation is going on. Before proceeding any further ascertain your position at present.

dhruv (other)     21 September 2013

status is: wife side demands that I stay in rented accomodation near her parents about 10 km from my own accomodation with  498a cases and DVC cases in abeyance for a trial period of 6 months. Remaining is that I hve to accede to her unreasonable demands etc.

Even during trial period if the wife makes up a false case again then I will have to get out and she will then continue to stay there and I have to continue paying the rent which would have become a liability to me forever.

dhruv (other)     21 September 2013

Thanks for responses. Some more details here.

Mediation ongoing in my RCR case against her. I fear that I will have to continue paying the rent of the rented accomodation after either being kicked out or against a protection order against me while I still reside in the flat. Wife not agreeing to stay in actual matrimonial home about 12 km away from her parents place.

I dont want to have indefinite liability of flat etc because after the trial period of cohabitation in the rented apartment wife will continue the cases against me and continue to stay in the rented accomodation which is not needed as my father's home is already available for staying. Is my fear true???????????

She is after money which was jointly agreed to be used earlier and has already been used.

Double digit years of marriage which I want to save but not with absurd conditions like this. Have 2 beautiful children also.

dhruv (other)     21 September 2013

Thanks for responses. Some more details here.

Mediation ongoing in my RCR case against her. I fear that I will have to continue paying the rent of the rented accomodation after either being kicked out or against a protection order against me while I still reside in the flat. Wife not agreeing to stay in actual matrimonial home about 12 km away from her parents place.

I dont want to have indefinite liability of flat etc because after the trial period of cohabitation in the rented apartment wife will continue the cases against me and continue to stay in the rented accomodation which is not needed as my father's home is already available for staying. Is my fear true???????????

She is after money which was jointly agreed to be used earlier and has already been used.

Double digit years of marriage which I want to save but not with absurd conditions like this. Have 2 beautiful children also.


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